VINCENT RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the judgment dated 09.10.2012, passed in S.C.No.6 of 2010 on the file of the Magalir Neethimandram (Mahila Court), Chennai.

(2.) It is the case of the prosecution that, on 15.08.2018, the appellant mixed sedatives in Bun-Butter-Jam and fed the victim girl "X", and deflowered her, when she was not fully conscious, in the thatched terrace of his friend Senthil's (P.W.3's) house at Door No.66, Dr.Ambedhkar Nagar, 2nd Street, Ayanavaram, Chennai - 600 023. It is also alleged that, even thereafter, the appellant had sex with her twice. When Esther (P.W.1), the mother of "X", came to know of it, she lodged a written complaint (Ex.P1) on 08.10.2008 to the police, based on which, Rajasekaran, (P.W.12), Inspector of Police, Ayanavaram Police Station, registered a case in Crime No.773 of 2008 on 08.10.2008, for the offence under Section 376 IPC, against the appellant and prepared the printed F.I.R. (Ex.P15).

(3.) Rajasekaran (P.W.12) took up investigation of the case and went to the place of occurrence and prepared Observation Mahazar (Ex.P16) and Rough Sketch (Ex.P17) in the presence of witnesses, Israel (P.W.5) and Surathammal (P.W.6). On the request of the Investigating Officer, Mrs.Jayanthi (P.W.8), XIX Metropolitan Magistrate, Chennai, recorded the statement of "X"? under Section 164 Cr.P.C. and the same was marked as Ex.P2. "X" was medically examined by Dr.M.Vidyasankari on 10.10.2008 and the examination report (Ex.P12) shows the absence of hymen and Dr.M.Vidyasankari has opined that there is no evidence of recent sexual intercourse. The appellant was examined by Dr.Gokularamanan (P.W.7), who, in his evidence as well in the examination report (Ex.P4), has stated that the appellant is not impotent and is capable of coitus. The age certificate (Ex.P5) shows that the age of the appellant would be between 22 and 25 years.