{"id":254080,"date":"2004-11-25T00:00:00","date_gmt":"2004-11-24T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sankar-vs-the-state-on-25-november-2004"},"modified":"2019-03-14T10:34:16","modified_gmt":"2019-03-14T05:04:16","slug":"sankar-vs-the-state-on-25-november-2004","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sankar-vs-the-state-on-25-november-2004","title":{"rendered":"Sankar vs The State on 25 November, 2004"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Sankar vs The State on 25 November, 2004<\/div>\n<pre id=\"pre_1\">       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS           \n\nDATED: 25\/11\/2004  \n\nCORAM   \n\nTHE HONOURABLE MRS. JUSTICE R.BANUMATHI            \n\nCRL.APPEAL No.263 of 2003    \n\nSankar                                         ...  Appellant \/\n                                                        Accused.\n\n-Vs-\n\nThe State, rep. By the\nInspector of Police,\nChithamor, Police Station,                      ...  Respondent \/\nChengleput District.                                    Complainant\n\n\n                This  Criminal  Appeal  arises  out  of  the  Judgment   dated\n17.12.2002 made in S.C.No.325 of 2001 on the file of Assistant Sessions Judge,\nMadhuranthakam.  \n\n!For Appellant  :  Mr.  S.Govindarajan\n\n^For Respondent :  Mr.V.M.R.Rajendran, \n                Additional Public Prosecutor.\n\n\n:J U D G M E N T \n<\/pre>\n<p id=\"p_1\">                Appellant  is the Accused in S.C.No.325 of 2001 on the file of<br \/>\nAssistant Sessions Judge, Madhuranthakam.  By the Judgment dated 17.12.20  02,<br \/>\nthe  Assistant  Sessions  Judge,  Madhuranthakam has convicted the Appellant \/<br \/>\nAccused for the offence under S.376 (2) (f)  <a href=\"\/doc\/1569253\/\" id=\"a_1\">I.P.C<\/a>.    and  sentenced  him  to<br \/>\nundergo  Rigorous Imprisonment for a period of Ten Years and also imposed fine<br \/>\nof Rs.1,000\/-; in default to undergo Simple Imprisonment for a further  period<br \/>\nof one month.\n<\/p>\n<p id=\"p_1\">                2.   P.W.1  &#8211;  Srimathi is the daughter of P.W.3 &#8211; Shanthi and<br \/>\none Devaraj.  P.W.2 &#8211; Chitra is the Classmate and close friend of P.W.1.  Case<br \/>\nof prosecution is that P.W.1, aged 10 &#8211; 12 Years at the  time  of  occurrence,<br \/>\nwas studying  in  VI Standard.  On the date of occurrence &#8211; 1 4.08.1998 &#8211; 5.00<br \/>\np.m., P.W.1 along with her younger sister &#8211;  Deepalakshi  and  P.W.2  went  to<br \/>\nThailathope for  plucking  flowers.   At that time, the accused came there and<br \/>\ncalled her to accompany him to the nearby Palm-grove saying that he would give<br \/>\nher Palm fruits.  Believing the same, P.W.1 went along with the accused.   The<br \/>\naccused  removing  his  Trouser and Skirt of P.W.1, made P.W.1 to lie down and<br \/>\nthe accused laid upon her.  When P.W.1 shouted, the accused beat her  and  had<br \/>\nforcible Sexual Intercourse  with  her.    P.W.1 raised alarm.  On hearing the<br \/>\nalarm of P.W.1, P.W.2 &#8211; Chitra, P.W.3 &#8211; Mother of P.W.1 and her younger sister<br \/>\ncame to the scene of occurrence.  On seeing them, the accused  had  run  away.<br \/>\nP.W.1 narrated the occurrence to her mother &#8211; P.  W.3.\n<\/p>\n<p id=\"p_2\">                3.  Registration  of case and Investigation.  P.W.1 &#8211; Srimathi<br \/>\nalong with the Villagers went to Chithamor Police Station and lodged Ex.P.1  &#8211;<br \/>\nComplaint on  14.08.1998  &#8211;  7.00  p.m.    On the basis of Ex.P.1 &#8211; Complaint,<br \/>\nP.W.11 &#8211; Sub Inspector of Police had registered the case in  Crime  No.295  of<br \/>\n1998 under  Ss.376  and 511 <a href=\"\/doc\/1569253\/\" id=\"a_1\">I.P.C<\/a>.  Clothes of P.W.1 &#8211; Srimathi (M.O.1 series)<br \/>\nwere seized in the presence of P.W.4 &#8211; Shanmugam and one Kannan.    P.W.1  was<br \/>\nsent  to Madhuranthakam Government Hospital through P.W.9 &#8211; Head Constable for<br \/>\nMedical Examination.\n<\/p>\n<p id=\"p_3\">                4.  P.W.6 &#8211; Dr.Tahirinussa has examined P.W.1 &#8211; Srimathi.  She<br \/>\nhas noted Linear abrasion over the right lebia.  P.W.6 issued Ex.P.5  &#8211;  Wound<br \/>\nCertificate.  P.W.1 was referred to Chengleput Government Hospital for further<br \/>\ninvestigation.   P.W.8  &#8211; Dr.Parasakthi, working in Chengleput Medical College<br \/>\nHospital, has examined P.W.1 &#8211; Srimathi on 17.08 .1998.  On  examination,  her<br \/>\nprivate  parts  vulva  was normal, Vagina admitted one finger with tenderness;<br \/>\nHymen absent; tears seen at 5 and 7&#8217;0 clock position; Surrounding areas  found<br \/>\nreddish, swelling  and  tenderness  seen.   P.W.8 opined that P.W.1 would have<br \/>\nbeen subjected to sexual intercourse.  Ex.P.10 is  the  Certificate  of  P.W.1<br \/>\nrelating to the opinion of P.W.8.\n<\/p>\n<p id=\"p_4\">                5.   P.W.11 &#8211; Sub Inspector of Police had taken up the initial<br \/>\ninvestigation.   Scene  of  occurrence  was  inspected  in  the  presence   of<br \/>\nWitnesses.   On  information,  on  14.08.1998  &#8211;  10.30  p.m., the accused was<br \/>\narrested near Polappakkam Leprosy Hospital.    When  being  interrogated,  the<br \/>\naccused  had  given a Confession Statement (Ex.P.3) in the presence of P.W.5 &#8211;<br \/>\nRajamani and one Bakthavatchalam.  Clothes of  accused  &#8211;  M.O.2  series  were<br \/>\nrecovered  under  Ex.P.4  &#8211;  Seizure  Mahazar  in  the  presence  of  the same<br \/>\nwitnesses.  The accused was sent to  Madhuranthakam  Government  Hospital  for<br \/>\ntreatment for  the injuries sustained by him.  On 15.08.1998 &#8211; 12.00 midnight,<br \/>\nP.W.6 has examined the accused, who  reported  to  her  for  treatment  as  to<br \/>\ncertain  injuries  stating  that he sustained injuries while he was running at<br \/>\nChithamor Cootu Road and by falling down.  Noting Contusion  and  Abrasion  on<br \/>\nhim, P.W.6 issued Ex.P.7 &#8211; Wound Certificate.\n<\/p>\n<p id=\"p_5\">                6.  The accused was sent to Chengleput Government Hospital for<br \/>\nMedical Examination  to  know  about  his  potency.   P.W.7 &#8211; Dr.K.Gururaj has<br \/>\nexamined the accused on 17.08.1998.  Opining that there is nothing to  suggest<br \/>\nthat the accused is impotent, P.W.7 issued Ex.P.8 &#8211; Potency Certificate.\n<\/p>\n<p id=\"p_6\">                7.   On  the  same  day  P.W.1  &#8211;  Srimathi was radiologically<br \/>\nexamined by P.W.7.  She was found to be the age of above Ten years  and  below<br \/>\nTwelve years.  Ex.P.9 is the Age Certificate relating to P.W.1.\n<\/p>\n<p id=\"p_7\">                8.   Seized  Material Objects were sent for Chemical Analysis.<br \/>\nInspector of Police &#8211; Ramamoorthy has taken up the further investigation.   He<br \/>\nhas examined  the Medical Witnesses and recorded their statements.  On receipt<br \/>\nof  the  Chemical  Report  and  on  completion  of  material   part   of   the<br \/>\ninvestigation,  Charge Sheet was filed against the accused under S.376 (2) (f)<br \/>\n<a href=\"\/doc\/1569253\/\" id=\"a_2\">I.P.C<\/a>.  on 14.05.1999.\n<\/p>\n<p id=\"p_8\">                9.  In the trial Court, to substantiate the Charge against the<br \/>\naccused, prosecution has examined P.Ws.1 to 11.  Exs.P.1 to P.16 were  marked.<br \/>\nM.Os.1 and  2  were  remanded  to Court.  The accused was questioned about the<br \/>\nincriminating evidence and circumstances under S.313 Crl.P.C.  Denying all  of<br \/>\nthem,  the  accused has stated that he belongs to Madras and that a false case<br \/>\nhas been foisted against him.\n<\/p>\n<p id=\"p_9\">                10.   In  consideration  of  the  evidence  adduced   by   the<br \/>\nprosecution,  the  learned Assistant Sessions Judge found that the evidence of<br \/>\nP.W.1 being credible is strengthened by the oral evidence  of  P.Ws.2  and  3.<br \/>\nThe  learned  Judge  was of the view that though P.Ws.1 and 2 are young girls,<br \/>\ntheir evidence is found to be credible.  Pointing out  that  the  evidence  of<br \/>\nVictim Girl &#8211; P.W.1 is well corroborated by the Medical Evidence of P.Ws.6 and<br \/>\n8,  the  learned Assistant Sessions Judge held that the prosecution has proved<br \/>\nthat P.W.1 was subjected to Sexual Intercourse by the  accused  and  that  his<br \/>\nguilt has been proved.  The learned trial Judge was of the view that the delay<br \/>\nin  receipt  of  First  Information  Report  in the Court would not in any way<br \/>\naffect the prosecution case.\n<\/p>\n<p id=\"p_10\">                11.  Aggrieved over the verdict of conviction and the sentence<br \/>\nof imprisonment, the Appellant \/ Accused has preferred this appeal.  Attacking<br \/>\nthe findings of the trial Court, learned counsel for the Appellant  \/  Accused<br \/>\ncontended  that  the  trial  Court  erred  in believing the evidence of P.W.1.<br \/>\nLaying emphasis upon the delayed receipt of First Information  Report  in  the<br \/>\nCourt, the learned counsel for the Appellant \/ Accused has submitted that such<br \/>\ndelayed receipt  throws serious doubts on the prosecution case.  It is further<br \/>\ncontended that nondetection of Semen in the Clothes of the Victim Girl &#8211; P.W.1<br \/>\nraises serious doubts on the prosecution case.  Drawing the attention  of  the<br \/>\nCourt  to the evidence of P.W.3 &#8211; Mother of P.W.1, where she has admitted that<br \/>\nthere had been Blood  Stain  on  the  Clothes  of  P.W.1,  it  is  urged  that<br \/>\nnon-detection  of  Blood  Stain  or  Semen  during Chemical Analysis seriously<br \/>\nundermines the prosecution case.  The main contention urged is that the  trial<br \/>\nCourt  erred in acting on the evidence of P.Ws.1 and 2 who are susceptible for<br \/>\ntutoring and that due to the family dispute, a false  case  has  been  foisted<br \/>\nagainst  the  accused, which defence was not properly appreciated by the trial<br \/>\nCourt.\n<\/p>\n<p id=\"p_11\">                12.  Submitting that the  evidence  of  P.W.1  is  trustworthy<br \/>\nwhich  is  amply  strengthened  by  the  Medical Evidence, Mr.V.M.R.Rajendran,<br \/>\nlearned Additional Public Prosecutor has contended that the  trial  Court  has<br \/>\nrightly  accepted the version of P.W.1 which is strengthened by the version of<br \/>\nP.Ws.2 and 3.  Drawing the attention of the Court to the  evidence  of  P.W.2,<br \/>\nwho  has  seen  the  accused  taking away P.W.1, he has further submitted that<br \/>\nP.Ws.1 and 2, aged about 10-12 years have no reason to falsely  implicate  the<br \/>\naccused.   Drawing  the  attention  of  the  Court to Ex.P.10 &#8211; Certificate of<br \/>\nExamination for Sexual Offence relating to P.W.1 as per which Rupture of Hymen<br \/>\nwas noted proving that P.W.1 was subjected  to  forcible  Sexual  Intercourse,<br \/>\nlearned  Additional  Public  Prosecutor  submitted  that the conviction of the<br \/>\ntrial  Court  is  well  balanced  and  that  there  is  no  reason  warranting<br \/>\ninterference.\n<\/p>\n<p id=\"p_12\">                13.   Upon  consideration  of  the  submissions by both sides,<br \/>\nevidence and materials on record and the Judgment  of  the  trial  Court,  the<br \/>\npoint  arises for consideration is:- Whether the Appellant \/ Accused is proved<br \/>\nto have committed Rape on the Victim Girl &#8211; P.W.1 and whether  the  conviction<br \/>\nof the   Appellant   \/  Accused  under  S.376  (2)(f)  <a href=\"\/doc\/1569253\/\" id=\"a_3\">I.P.C<\/a>.    warrants  any<br \/>\ninterference ?\n<\/p>\n<p id=\"p_13\">                14.  P.W.1 &#8211;  Srimathi,  aged  10-12  Years  at  the  time  of<br \/>\noccurrence, was  studying  in  VI  Standard.    On  the  date  of occurrence &#8211;<br \/>\n14.08.1998 &#8211; 5.00 p.m., P.W.1 along with her younger sister  Deepalakshmi  and<br \/>\nP.  W.2  &#8211; Chitra went to Thailathope for plucking flowers.  At that time, the<br \/>\naccused told her that he would cut Palm Fruits and he had  taken  her  to  the<br \/>\nnearby Palm-grove.   Believing his words, when P.W.1 followed him, the accused<br \/>\nremoved his Trousers and made P.W.1 to lie down and the accused laid upon her.<br \/>\nWhen P.W.1 shouted, the accused beat her and had Sexual  Intercourse.    P.W.1<br \/>\ncried raising  the  alarm  &#8221;  fhg;  ghj;J&#8217;;f fhg;ghj;J&#8217;;f &#8220;.  In the meantime,<br \/>\nP.W.3 (Shanthi) &#8211; mother of P.W.1, P.W.2 &#8211; Chitra and younger sister of  P.W.1\n<\/p>\n<p id=\"p_14\">&#8211; Deepalakshmi came in search of P.W.1.  On hearing the alarm raised by P.W.1,<br \/>\nthey rushed to  the  place.   On seeing them, the accused had run away.  P.W.1<br \/>\nhas narrated about the act of the accused to her mother &#8211; P.W.3.    P.W.1  has<br \/>\nclearly narrated  the occurrence in the Court.  Evidence of an young girl like<br \/>\nP.W.1 is to be tested for its credibility and reliability.\n<\/p>\n<p id=\"p_15\">                15.  In the trial Court, before  giving  evidence,  P.W.1  has<br \/>\nbeen examined  as  to whether she is of understanding and know of things.  The<br \/>\nlearned Assistant Sessions Judge,  who  had  the  opportunity  of  seeing  and<br \/>\nobserving her, found her to be of clear understanding and accepted her version<br \/>\nas credible.  No substantial grounds are made out to take a different view.\n<\/p>\n<p id=\"p_16\">                16.  At the time of occurrence &#8211; 14.08.1998 &#8211; 5.00 p.m., P.W.2\n<\/p>\n<p id=\"p_17\">&#8211; Chitra  went  along  with  P.W.1 &#8211; Srimathi for plucking flowers.  P.W.2 has<br \/>\nalso clearly spoken about the act  of  the  accused  in  taking  P.W.1  to  an<br \/>\nisolated  place  &#8211;  palm-grove and that P.W.2 has informed the same to P.W.3 &#8211;<br \/>\nmother of P.W.1.  Thereafter, P.Ws.2 and 3 went in search of P.W.1, who  heard<br \/>\nthe noise  of P.W.1 &#8211; Srimathi &#8221; fhg;ghj;J&#8217;;f fhg;ghj;J&#8217;;f &#8220;.  On seeing them,<br \/>\nthe accused had run away.  P.W.1 informed them about  the  Sexual  Molestation<br \/>\nand the Intercourse committed on her by the accused.  P.W.2 &#8211; Chitra, who went<br \/>\nalong  with  P.W.1  has  clearly stated that the accused had taken P.W.1 to an<br \/>\nisolated place.  P.W.3 &#8211; mother of P.W.1 came  in  search  of  P.W.1.    While<br \/>\nnarrating the  occurrence,  P.W.2  has  only  stated &#8221; &#8230;  _kjp vd;dplk; te;J<br \/>\nr&#8217;;fh; vd;id bfLj;Jtpl;lhh; vd;W brhd;dJ\/ bfLj;Jtpl;lhh;  vd;W  jhd;  brhd;dJ\/<br \/>\nntW vJt[k; brhy;ytpy;iy  &#8230;    &#8220;.    Though according to P.W.2, P.W.1 has not<br \/>\nnarrated the entire occurrence, but has only stated that she had been Sexually<br \/>\nMolested by the accused, such statement does not  in  any  way  undermine  the<br \/>\ncredibility the P.W.1.\n<\/p>\n<p id=\"p_18\">                17.   Evidence  of  P.W.3  (Shanthi) &#8211; mother of P.W.1 assumes<br \/>\ngreater significance.  Finding that P.W.1 has not returned back to the  house,<br \/>\nquite  probably  P.W.3  went  in  search of P.W.1 and that she was informed by<br \/>\nP.W.1 about the act of the accused in committing Rape on  her.    Evidence  of<br \/>\nP.W.3 is  cogent  and  corroborating  the evidence of P.W.1.  This Court finds<br \/>\nthat the evidence of P.W.1 is well corroborated by the evidence of P.Ws.2  and\n<\/p>\n<p id=\"p_19\">3.<\/p>\n<p id=\"p_20\">                18.   In her evidence, P.W.3 &#8211; mother of P.W.1 has stated that<br \/>\nBlood Stain was found in M.O.1 series &#8211; clothes of P.W.1  (which  were  seized<br \/>\nunder  Ex.P.2  &#8211;  Seizure Mahazar in the presence of P.W.4 &#8211; Shanmugam and one<br \/>\nKannan).  In his evidence, P.W.4 has stated that he has  not  seen  any  Blood<br \/>\nStains on M.O.1  series.  M.O.1 series was sent for Chemical Analysis.  During<br \/>\nChemical Analysis, no Blood Stain or Semen was detected.  The inconsistency in<br \/>\nthe evidence of P.W.3 and nondetection of Blood Stain or Semen in M.O.1 series<br \/>\nis very much relied upon by the Appellant \/ Accused to assail the  prosecution<br \/>\ncase and the  version  of  P.W.1.  This contention has no force.  Either P.W.3<br \/>\nmight have mistaken the Stains on the Skirt for  Blood  Stains  or  the  Blood<br \/>\nStains might  have  been disintegrated during Chemical Analysis.  Nondetection<br \/>\nof Blood Stains or Semen in the Clothes of P.W.1 would not in any  way  affect<br \/>\nthe prosecution case or the credibility of P.W.3.\n<\/p>\n<p id=\"p_21\">                19.  Evidence of P.W.1 &#8211; Srimathi is amply corroborated by the<br \/>\nMedical Evidence.    After  registration of the case in Crime No.295 of 1998 ,<br \/>\nP.W.1  was  referred  to  Chengleput  Medical  College  Hospital  for  Medical<br \/>\nExamination.   P.W.7  &#8211; Dr.Gururaj, Radiologist has examined her and found her<br \/>\nto be of age 10-12 Years (Ex.P.9 &#8211; Age Certificate).  Keeping the age of P.W.1<br \/>\nin mind, the Medical Evidence  of  P.W.6  &#8211;  Dr.    Tahirunnisa,  attached  to<br \/>\nMadhuranthakam Hospital  is to be considered.  P.W.6 has examined P.W.1 on the<br \/>\nnight of 14.08.1998 &#8211; 8.50 p.m.  On examination, she has noted &#8221; Pain  in  the<br \/>\nVagina;  Linear  Abrasion  over  the  right lebia (N.C.) present about 1 cm in<br \/>\nlength &#8220;.  P.W.6 has clearly asserted that those injuries could not have  been<br \/>\ncaused  either  by climbing the tree or by any accidental insertion of a stick<br \/>\ninto the private parts of P.W.1.  The definite opinion evidence of P.W.6 is  a<br \/>\nstrong piece of evidence strengthening the prosecution case.\n<\/p>\n<p id=\"p_22\">                20.   P.W.1  was  again  sent  to  Chengleput  Medical College<br \/>\nHospital for further investigation, where she was  examined  by  P.W.8  &#8211;  Dr.<br \/>\nParasakthi,  who  has  issued  Ex.P.10 &#8211; Certificate of Examination for Sexual<br \/>\nOffences.  On examination of P.W.1, P.W.8 has noted &#8221; Vagina admits one finger<br \/>\nwith tenderness; Hymen absent;  Tears  seen  at  5  and  7&#8217;o  clock  position;<br \/>\nsurrounding areas  found  reddish, swelling and tenderness seen &#8220;.  Absence of<br \/>\nHymen and Tear seen at Vulva are the strong pieces of evidence that P.W.1  was<br \/>\nsubjected to  Sexual  Intercourse.  The definite opinion of P.W.8 that &#8221; Hymen<br \/>\nAbsent &#8221; and &#8221; Vagina Admitted one  finger  with  tenderness&#8221;  should  be  not<br \/>\npossible by climbing the tree or by accidental insertion of a stick goes along<br \/>\nwith the definite findings by P.W.6 supporting the prosecution case.\n<\/p>\n<p id=\"p_23\">                21.  The accused was arrested on 14.08.1998 &#8211; 10.30 p.m.  near<br \/>\nPolappakkam Leprosy  Hospital.   He was brought to Chithamor Police Station at<br \/>\n11.00 p.m.  He was interrogated in the presence of P.W.5 &#8211;  Rajamani  and  one<br \/>\nBakthavatchalam and  his  statement  was  recorded.   Clothes of the accused &#8211;<br \/>\nM.O.2 series (T.Shirt, Lungi and Trouser) were seized under Ex.P.4  &#8211;  Seizure<br \/>\nMahazar in  the  presence  of  same witnesses.  Since the accused was found to<br \/>\nhave sustained injuries, he was referred to Madhuranthakam Government Hospital<br \/>\nfor treatment.  P.W.6 &#8211; Dr.  Tahirunnisa has examined  the  accused  at  12.00<br \/>\nmidnight on  the  night of 1 4.08.1998.  P.W.6 has noted contusion on the left<br \/>\neye of the accused.  In Ex.P.7 &#8211; Wound Certificate of the accused,  P.W.6  has<br \/>\nnot  noted  as  to  who has brought the accused to the Hospital for treatment.<br \/>\nThe Column &#8221; accompanied by &#8221; is left blank.  When P.W.6 was questioned  about<br \/>\nthe  same,  she  has  stated that there was no requisition from the Police and<br \/>\nthat the accused  had  voluntarily  appeared  before  her.    Ex.P.7  &#8211;  Wound<br \/>\nCertificate  is also silent as to who has brought the accused to the Hospital.<br \/>\nStatement of P.W.6 that the accused had voluntarily appeared before her  could<br \/>\nonly be  due  to  mistake.  The arrest of the accused and his interrogation in<br \/>\nthe Police Station before the witnesses is  clearly  brought  out  on  record.<br \/>\nWhen  that  being  so, the statement of P.W.6 that the accused had voluntarily<br \/>\nappeared before her would not in any way undermine the prosecution case.\n<\/p>\n<p id=\"p_24\">                22.  Blood Stained Clothes of P.W.1 &#8211; M.O.1 series (Skirt  and<br \/>\nShirt) were sent for Chemical Analysis.  During Chemical Examination, no Human<br \/>\nBlood or  no  Semen was detected on the clothes of P.W.1.  Learned counsel for<br \/>\nthe Appellant \/ Accused has seriously attacked the  prosecution  case  on  the<br \/>\nground of  non-detection  of Blood Stain or Semen in M.O.1 series.  Absence of<br \/>\nSemen or Blood Stain does not throw doubt on the prosecution case; perhaps  at<br \/>\nthe  time  of committing Rape, there was no ejection of Semen from the accused<br \/>\nor blood coming out from the private parts of P.W.1.  At this juncture, we may<br \/>\npoint out the evidence of P.W.7 &#8211; Dr.Gururaj.  On examination of the  accused,<br \/>\nP.W.7  has  found  the  accused  to  be  &#8221;  a  Well-built male individual; his<br \/>\nSecondary Sexual Characters are well developed; Erection &#8211; positive&#8221;.    P.W.7<br \/>\nhas  further  opined  that  &#8221;  there is nothing to suggest that the accused is<br \/>\nimpotent; his Genital organ was found to be normal &#8220;.  Opinion  evidence  that<br \/>\nthe accused was not incapable of performing sexual act is yet another piece of<br \/>\nevidence in support of the prosecution case.\n<\/p>\n<p id=\"p_25\">                23.   On the basis of Ex.P.1 &#8211; Complaint, case in Crime No.295<br \/>\nof 19 98 of Chithamor Police Station has been registered under Ss.376 and 5 11<br \/>\n<a href=\"\/doc\/1569253\/\" id=\"a_4\">I.P.C<\/a>.  at 7.00 p.m.  on 14.08.1998.  (Printed First  Information  Report  not<br \/>\nmarked).   The  First  Information  Report  was  received  into  Court only on<br \/>\n15.08.1998.  The distance between the Court and the Police Station is said  to<br \/>\nbe only  10  kms.    The  First Information Report and Ex.P.1 &#8211; Complaint were<br \/>\nreceived in the Court on 15.08.1998.  Since the First  Information  Report  is<br \/>\nnot marked,  the  time  of receipt of Ex.  P.1 and First Information Report in<br \/>\nthe Court is not known.  From Ex.  P.1, it comes to be known  that  the  First<br \/>\nInformation Report was  registered  at  7.00  p.m.    on  14.08.1998.    After<br \/>\nregistration of the First Information Report, despatch  of  the  same  to  the<br \/>\nCourt is  the  work  of the Investigating Agency.  Evidence of P.W.1 cannot be<br \/>\nthrown away for such lapses or delayed sending of the First Information Report<br \/>\nby the Police Officer.  Likewise, the contention urged in the delay in sending<br \/>\nthe statements of the witnesses, which were received  in  the  Court  only  on<br \/>\n01.10.1999 has  no force.  Such delayed receipt of the statements cannot go in<br \/>\nadvantage of the accused.\n<\/p>\n<p id=\"p_26\">                24.  Faced with the definite evidence  of  P.W.1  and  Medical<br \/>\nEvidence, we  may  consider  as  to  what  is  the  defence.  According to the<br \/>\naccused, he belongs to Madras and that a false case has been  foisted  against<br \/>\nhim due to the family dispute between his family and the family of P.W.1.  The<br \/>\ndefence  version  that  a false case has been foisted against the accused does<br \/>\nnot impress this court for more than one reason.  Medical Evidence  definitely<br \/>\nshows the sexual  violence  committed on P.  W.1.  Further P.W.1 was aged only<br \/>\n10-12 years and a tender girl of young age.  If any false complaint is  to  be<br \/>\nlodged  against the accused making allegations of Rape being committed on such<br \/>\nyoung girl, her future would be at Stake.  She has to face the  scoff  of  the<br \/>\nVillagers and  the  place  of her study and other places.  In consideration of<br \/>\nthe tender age of P.W.1, coupled with Medical Evidence,  the  defence  version<br \/>\nthat a false case has been foisted has no force.\n<\/p>\n<p id=\"p_27\">                25.   The various points urged by the Appellant \/ Accused were<br \/>\nwell considered by the trial Court.  The learned Assistant Sessions Judge, who<br \/>\nhad the opportunity of seeing and observing P.W.1 has  accepted  her  evidence<br \/>\nwhich is  corroborated  by  the  Medical  Evidence  as  credible.  There is no<br \/>\napparent error in the appreciation of  evidence  by  the  trial  Court.    The<br \/>\nreasonings  for conviction are well balanced based upon the evidence on record<br \/>\nand the conviction is to be sustained.  Considering the Tender  age  of  P.W.1<br \/>\nand  the  facts  and  circumstances  of  the  case,  the period of sentence of<br \/>\nRigorous Imprisonment of Ten Years also cannot be said to be  unreasonable  or<br \/>\nharsh.\n<\/p>\n<p id=\"p_28\">                26.   Therefore, the Judgment of the Assistant Sessions Judge,<br \/>\nMadhuranthakam  in  S.C.No.325  of  2001  (dated:17.12.2002)  convicting   the<br \/>\nAppellant \/  Accused  under S.376 (2) (f) <a href=\"\/doc\/1569253\/\" id=\"a_5\">I.P.C<\/a>.  and the sentence of Rigorous<br \/>\nImprisonment of Ten Years and the quantum  of  fine  are  confirmed  and  this<br \/>\nappeal is dismissed.\n<\/p>\n<p id=\"p_29\">Index:  Yes<\/p>\n<p>Internet:  Yes<\/p>\n<p>sbi<\/p>\n<p>To<\/p>\n<p id=\"p_30\">1.  The Assistant Sessions Judge,<br \/>\nMadhuranthakam.\n<\/p>\n<p id=\"p_31\">2.  The Principal Sessions Judge,<br \/>\nChengleput.\n<\/p>\n<p id=\"p_32\">3.  The Inspector of Police,<br \/>\nChithamor Police Station,<br \/>\nChengleput District.\n<\/p>\n<p id=\"p_33\">4.  The Public Prosecutor,<br \/>\nHigh Court, Madras.\n<\/p>\n<p id=\"p_34\">\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Sankar vs The State on 25 November, 2004 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25\/11\/2004 CORAM THE HONOURABLE MRS. JUSTICE R.BANUMATHI CRL.APPEAL No.263 of 2003 Sankar &#8230; Appellant \/ Accused. -Vs- The State, rep. By the Inspector of Police, Chithamor, Police Station, &#8230; Respondent \/ Chengleput District. Complainant This [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-254080","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Sankar vs The State on 25 November, 2004 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sankar-vs-the-state-on-25-november-2004\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sankar vs The State on 25 November, 2004 - Free Judgements of Supreme Court &amp; 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