ESWARAN Vs. STATE REP BY DEPUTY SUPERINTENDENT OF POLICE, NAGAPATTINAM SUB-DIVISION, KEELVELUR POLICE STATION

JUDGEMENT

(1.) "Rape is much worse than murder. With murder, the victim is gone, and not forced to deal with what happened to her. The family must deal with it, but not the victim. But rape is much worse. The victim has a lifetime of coping, of trying to understand, of asking questions and the worst part of knowing the rapist is still alive and may someday escape or be released. Every hour of every day, the victim thinks of the rape and asks herself a thousand questions. She relives it, step by step, minute by minute and it hurts just as bad.

(2.) The case of the prosecution is that P.W.1 / mother of the deceased had two daughters, out of whom, the deceased is the youngest one, suffering from mental illness. The deceased was left with the care and custody of P.W.2 / elder sister of the deceased. While so, on 03.07.2012 at about 21.00 hrs, the deceased had gone out of the house and was subsequently found missing and when P.Ws.2 and 3 (the neighbour of P.W.2) went in search of the deceased, they noticed the accused coming out of a quarry and on seeing P.Ws.2 and 3, he got frightened. Upon enquiry, the accused confessed himself that he had raped the deceased and murdered her and the body of the deceased was brought out from the quarry to the house of P.W.2.

(3.) On hearing the occurrence from P.W.4 / son-in-law of P.W.1, regarding the rape and murder of her daughter, P.W.1 went to Orkudi and lodged a complaint (Ex.P1) before the Sub-Inspector of Police (P.W.13), Keelvelur Police Station at 5.30am on 04.07.2012. Based on the complaint received from P.W.1, an FIR was initially registered (Ex.P.7) in Crime No.276 of 2012 for offences under Sections 302 and 376 IPC. Thereafter, the Inspector of Police (P.W.14) took up the investigation and prepared Observation Mahazar (Ex.P3), Rough Sketch (Ex.P8) in the presence of witnesses (P.Ws.6 and 7) and conducted inquest on the body of the deceased and prepared the inquest report (Ex.P9).