SETTU Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court, Tirupattur, Vellore District, made in S. C. No. 254 of 2008 whereby the sole accused/appellant stood charged under section 376 (2) IPC and awarded life imprisonment.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADVANCING the arguments on behalf of the appellant, the learned counsel would submit that the prosecution has miserably failed to prove its case beyond reasonable doubt. The gist of the case of the prosecution was that on the date of occurrence, that was on 1. 3. 2008, when the inmates of the house including the victim's mother were watching television and the victim was playing in the street in front of the house, the accused took the victim to the front portion of the house and forcibly committed rape on her. P. W. 2 would claim that the accused was well present at the place of occurrence. But when P. W. 6/ victim informed to her mother that she was forcibly raped by the accused, no steps were taken to give a complaint to the police or to the Village Administrative Officer, even though there were male members available at that time. Added further learned counsel, according to P. W. 2, the child was first taken to a private clinic at Jollarpet at 10. 30 a. m. i. e. , within a short span of half an hour. The doctor examined the victim and gave initial treatment but no documentary evidence was shown in that regard nor the said doctor was examined. Thereafter, the child was taken to Vaniyampadi Government Hospital and was given treatment. Naturally, the doctor should have got information from the victim and would have recorded the same in the accident register copy or in the wound certificate but the said doctor was not examined and no documentary evidence was produced before the Court in that regard.