SURESH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) This Criminal Appeal has been preferred challenging the judgment dated 21.05.2012 passed by the Sessions Judge, Mahila Court, Perambalur in S.C.No.37 of 2011.

(2.) It is the case of the prosecution that Suresh (A1) raped the victim girl 'X' aged around 18 years on 14.01.2010, on account of which she conceived. When 'X' complained to Sellapappu (A3), the mother of Suresh (A1), the former is said to have given a country medicine on 14.03.2010 to 'X' for aborting the foetus. 'X' consumed the medicine and the foetus got aborted. Thereafter, when Selvi (PW1) mother of 'X' questioned Sellapappu (A3) about all these incidents, A3 is said to have threatened her and assaulted her on 01.04.2010. On the typewritten complaint (Ex.P1) given by Selvi (PW1), Kamala (PW10), Sub-Inspector of Police registered a case in Crime No.6 of 2010 under Sections 294(b), 323, 376 and 506(ii) IPC on 11.05.2010 at 08.00 hours and prepared the printed First Information Report (Ex.P7). Investigation of the case was taken over by Sivasubramanian (PW11), Inspector of Police, who went to the place of occurrence and prepared the rough sketch (Ex.P10) and Observation Mahazar (Ex.P9). The Investigating Officer examined Seralathan (PW9), the Headmaster of the school, where 'X' studied and obtained the certified copy of the school Transfer Certificate (Ex.P2), which shows the Date of Birth of 'X' as 12.04.1992. Dr.Vishnu Pradap (PW7) examined 'X' on 12.05.2010 for determining her age. As per the Dentist opinion (Ex.P3), the age was determined as between 15 and

(3.) On appearance of the accused, the provisions of Section 207 Cr.P.C were complied with and the case was committed to the Court of Sessions, Perambalur in S.C.No.37 of 2011 and was made over to Mahila Court, Perambalur for trial. The trial Court framed the following charges against A1 to A4 (Free English translation):