Bangalore District Court
The State Of Karnataka vs Armugam on 21 October, 2016
IN THE COURT OF THE L ADDL.CITY CIVIL &
SESSIONS JUDGE, BANGALORE
Dated this the 21st Day of October 2016
- : PRESENT: -
SMT. B.S.REKHA B.A. Law., LL.M.
L Additional City Civil & Sessions Judge,
Bangalore.
SPECIAL C.C.No. 266/2014
COMPLAINANT:
The State of Karnataka,
By MICO Layout Police Station,
Bangalore.
[Rep. by learned Public Prosecutor,
Bangalore.]
/ VERSUS /
ACCUSED:
Armugam,
S/o.Chinnathambi, 37 years,
R/at. 2nd Cross, Thayappa Garden,
Bilekahalli,
Devara Chikkana Halli Main Road,
B.G.Road,
Bangalore.
Rep. Sri.P.K.-Advocate]
1 Date of commission of offence 03-11-2010
2 Spl.C.C.No.266/2014
2 Date of report of occurrence 09-02-2011
3 Date of arrest of Accused 10-02-2011
Date of release of Accused Accused is in
Period undergone in custody custody till date
by Accused
4 Date of commencement of evidence 26-09-2012
5 Date of closing of evidence 10-02-2016
6 Name of the complainant Sudha.P.
7 Offences complained of Section 376 &
506 of IPC
8 Opinion of the Judge Accused is
convicted
9 Order of Sentence As per the final
order
JUDGMENT
The Police Inspector attached to the MICO Layout Police, Bangalore City, has filed this charge sheet against the accused for the offences punishable under Section 366 and 506 of I.P.C.
2. The case of the prosecution in brief is that the accused who was residing along with Cw.1 and 4 in House List No.606/521, Site No.2, 2nd Cross, Thayappa Garden, 3 Spl.C.C.No.266/2014 Bilekahalli within the jurisdiction of MICO Layout Police Station, Bangalore, during 2nd week of November-2010, when Cw.1 had been to her work, the accused sent his son to tuition in the evening and when Cw.4-victim was alone in the house, committed rape on the victim and when the victim told that she is going to inform about the incident to Cw.1, the accused threatened her by removing the gas pipe from the cylinder to kill her and her mother if the same informed to Cw.1. Subsequently Cw.4 became pregnant and thereafter the said pregnancy was terminated and the foetus was sent for DNA test which confirmed that the accused is the biological father of that baby and there by the accused committed the aforesaid offences.
3. The charge sheet was submitted to VI ACMM Court and learned Magistrate after taking cognizance, committed this case to the Court of Sessions for trial. After registering the case in S.C.No.691/2011, it was retained by Principal City Civil & Sessions Judge Court. The Hon'ble 4 Spl.C.C.No.266/2014 Principal City Civil & Sessions Judge after following the procedure laid down under law framed charge under Section 376 and 506 of IPC and read over to the accused. Accused has pleaded not guilty and claimed to be tried. Thereafter posted for evidence on prosecution side. After recording the evidence of Pw.1 to Pw.11, as per the orders of the Hon'ble High Court of Karnataka vide notification in GOB-21/14 dated 14-02-2014 this case is transferred to CCH-55. Further as per the orders of Hon'ble High Court of Karnataka vide notification in GOB-67/14 dated 08-05- 2014 this case is transferred to this Court and is registered as Special Criminal Case in No.266/2014.
4. On prosecution side got examined as many as 20 witnesses as Pw.1 to Pw.20 out of 25 charge sheet witnesses and got marked documents at Ex.P1 to Ex.P14 the details of which are given in the annexure of this Judgment. On closure of evidence on prosecution side, it was posted for accused statement. Accused statement 5 Spl.C.C.No.266/2014 under Section 313 Cr.P.C, has been recorded. Accused has denied the whole incriminating evidence against him and he has not chosen to lead evidence on his side but got marked Ex.D1. It was posted for arguments.
5. Heard the arguments on both sides. Perused and posted for Judgment.
6. The points that arise for my consideration are as under:
1) Whether the prosecution has proved beyond reasonable doubt that the accused along with Cw.1-Sudha and Cw.4-Victim was residing in the shed bearing House List No.606/521, Site No.2, situated in 2nd Cross, Thayappa Garden, Bilekahalli, Bangalore within the jurisdiction of MICO Layout Police Station, Bangalore, and while so residing on 02-11-2010 in the evening when Cw.1 went out of the shed for sending her 7 years old son for tuition, accused committed rape on the victim, a minor girl, while she was alone in the shed forcibly and due to which act of the accused Cw.4-a minor girl became pregnant and later it was removed after counseling and getting consent from Cw.1 and Cw.4 and thereby committed the offence punishable under Section 376 of I.P.C.? 6 Spl.C.C.No.266/2014
2) Whether the prosecution has proved beyond reasonable doubt that when Cw.4-victim told before the accused that she is going to narrate before her mother-Cw.1 about the thing that the accused committed rape on her, the accused apologized stating that he did mistake and asked her not to state anything before her mother and when Cw.4-
the victim did not heed his words, he cut the gas cylinder pipe and told her that if she told the same to her mother he is going to murder her and her mother and after murdering them he will also commit suicide by leaking the gas and thereby he committed criminal intimidation by threatening Cw.4-the victim with intent to cause alarm to Cw.4 and thereby committed the offence punishable under Section 506 of IPC?
3) What order?
7. My findings on the above points are as under:-
Point No.1 : In the Affirmative Point No.2 : In the Affirmative Point No.3 : As per final orders for the following R E A S O N S:
8. Point No.1 and 2:- In order to prove its case, the prosecution has got examined Cw.1-Sudha examined as Pw.1, who had stated that she had two children i.e., Cw.4- 7 Spl.C.C.No.266/2014 victim and one Karthik. She had first marriage in the year 1995 with one Anthony Perera and the victim is his daughter. She lived with Anthony up to 1998 and there after he left her and at that time the victim was around 2 years old. Thereafter she was residing with her mother in Bilekahalli, wherein she came in contact with the accused in the year 2001, as he was working as painter with her brother. She married the accused in the year 2002. In the year 2003 her son-Karthik was born. She looked after her two children with her mother and the accused. At that time she was working in other garment factory and the accused and herself were taking care of the children in all aspects. Her working hours was between 09.00a.m., to 06.30p.m.
9. According to her, the victim attained puberty in the year 2009 and thereafter the accused was very close to her. Her daughter was telling that daddy is not good and she is always afraid of him. Her daughter was attending the tuition in the evening and he was not allowing her to attend 8 Spl.C.C.No.266/2014 the tuition and he was sending only her son to the tuition classes. The accused used to drop her daughter to the school and he used to take her back from the school. He was coming to the house by 04.30 p.m., and he was always around her daughter and he did not allowing her to talk with her daughter. Her daughter was silent always and some times she used to weep. When she enquired she told that she had no belief on her but she believes the accused more. The accused used to drink in the house and was asking her daughter to rub his back while taking bath. He was not allowing her to do those things and he insisted only her daughter to do. When her daughter was working in kitchen, she used to shout whenever the accused enter the kitchen, but she did not tell the reasons. The accused told her that since he touched her, she had shouted and she scolded her daughter stating that the accused is her papa.
10. In January-2011 her daughter started vomiting 9 Spl.C.C.No.266/2014 and she did not get her periods for two months and there was a School Day function on 08-01-2011 and both the parents went with her and her daughter was very much tired and accused gave amount and asked her to take to the hospital, when she took her to Anand Clinic, the male doctor gave her tablets to stop her vomiting, which was stopped for 3-4 days and again started. As the period was not happened since two months and as she was continuously vomiting, she got doubt and asked her as to what is the problem, to which she told that there is no problem. However when she went alone to Gayathri Clinic and explained the symptoms, the doctor advised for urine test. Then she collected the urine of her daughter in the house and gave for testing to the clinic. The doctor confirmed her daughter's pregnancy and also directed her to get scan of her daughter to find out the exact period of pregnancy.
11. On 9th or 10th January-2011, she took her 10 Spl.C.C.No.266/2014 daughter for scanning to Prashanth Nursing Home and they confirmed the pregnancy. Then she called the accused and informed the pregnancy of her daughter. The accused told that he was responsible for the pregnancy and requested her not to tell to her mother and the brother. He also told that he will get it terminated. She took her daughter to the house after her scan, but did not tell her regarding the accused. The accused talked to her over phone. She informed her daughter that she is pregnant and her daughter told that she cannot be pregnant as she is not married.
12. Then she explained to her daughter about getting pregnancy by somebody mis-behaving with her and at that time her daughter started weeping loudly and told that accused mis-behaved with her. When she enquired as to why she did not disclose the same earlier to her, she told that the accused threatened her that if she reveals he will kill them. She also told that the accused in a drunken 11 Spl.C.C.No.266/2014 condition committed rape on her in Lakkavalli, Shimoga for the first time. When she enquired with the accused, he told that he has committed rape on the victim due to the effect of drinks and he was not in sense.
13. On 09-02-2011 she lodged the complaint at about 09.00 to 10.00 p.m., as per Ex.P1. The police arrested the accused on that day and she returned with her daughter, but again went to the Police Station on the next day with her daughter and brothers. On that day the W.P.C., took her and her daughter to the Sanjay Gandhi Hospital for check-up and they came back to Police Station. The C.W.C. people took her daughter to Mahila Mattu Makkala Abhivrudhi Kendra near NIMHANS. They were admitted for counseling in NIMHANS.
14. Her daughter at that time has stated many things to the doctor that she was not raped at Lakkavalli, but she was raped in their house at Bilekahalli before 3 to 4 months of the incident. Her daughter further told that 12 Spl.C.C.No.266/2014 the accused took her from the school to the house and her son was sent to tuition classes. At that time the accused committed rape on her when she was in uniform. She also told that the accused tied and covered her face by bed sheet and also warned her that if she disclose to her, he will kill her and her mother. They stayed in NIMHANS for 10 to 15 days. They have taken the decision of abortion. In NIMHANS her daughter was sent to M.S.Ramaiah Hospital, wherein the abortion was conducted. After discharge they again came to NIMHANS for about one week. The NIMHANS hospital stored the fetus for further examination.
15. During the course of cross-examination, she has stated that she has no documents to show that the accused is her second husband and their marriage was performed in the year 2002 and since then he is residing with her. She has not produced the school records of her children as the police have not enquired her. She admitted that there are medical records regarding her treatment on 09-01-2011 13 Spl.C.C.No.266/2014 and she did produce it. Prior to this incident she was residing at Thayappa Garden, Bilekahalli in the year 2008- 2009 and she denied that she vacated the said house prior to this incident. Her mother was with her at that time. She was residing in the house of one Imthiyaz. She had not produced any documents regarding her stay in that house. That house was occupied by her as the owner was friend of the accused and they were not paying the rent. Her mother was with her till 2008 and after the death of her brother she shifted to look after his children. The accused was residing with her from 2008.
16. In the year 2006-07 she was residing with the accused and her children were residing at Mattur in Shimoga District in her parents' house. Karthik was born in her mother's house at Rajarajeshwari Nagar, Bangalore. She denied that Karthik is not the son of the accused. She used to work between 08.30 a.m., till 07.00 p.m. and during that time the accused used to pick up them some 14 Spl.C.C.No.266/2014 times and some times they used to come by van. After her daughter attained puberty, the accused used to go to films and used to purchase clothes to her, but she did not object for that closeness at that time. Her daughter told accused behaviour after Ocotober-2010, but she did not advise her daughter to avoid closeness with the accused at that time. The victim was in 9th standard in the year 2010 and she was taking tuitions to all the subjects. She used to pay Rs.350/- per month as tuition fee and tuition timings is between 05.00 p.m., to 07.00 p.m. Her daughter and son used to go to tuition classes.
17. The accused was car driver at that time. She knows one Raja Chemmanur-Industrialist, under whom the accused was working. There is no specific working hours to the accused. He was called by the owner as and when required. The accused was earning Rs.9,000/- to 10,000/- per month and he was maintaining her family. In the year 2010 end the accused was avoiding her daughter to speak 15 Spl.C.C.No.266/2014 with her and he was always around her daughter. At that time no relatives or supports of the accused were residing at Bangalore, but her parents and brothers were at Bangalore to support her.
18. There was no occasion for her to expel the accused from her house with the help of her relatives. However she has stated that she did not suspect anything against the accused and her daughter was weeping and silent for 2-3 months prior to this incident. When she questioned, she told that she is not interested to stay in that house. The accused used to consume drinks in the house. But she cannot say the dates of such incidents. She is having the documents to show the date of birth of her daughter. She denied that the victim is aged more than 20 years as on the date of the incident. Her son-Karthik was born in October 2003. She denied that one Hemanth who is her relative, used to come to the house in the absence of herself and the accused. However that 16 Spl.C.C.No.266/2014 Hemanth is her brother's son and he was aged 20 years, who was residing adjacent to the house of her parents'. Hemanth was not aware of the conduct and mis-behaviour of the accused with the victim. Her parents were having knowledge.
19. She shown ignorance that the victim was talking with one Naveen and the accused never complained about Naveen and his association with the victim. The accused was insisting the victim to massage his back and not allowing her to do. She is not aware as to how many times the victim done the said work. It is denied that as the accused was healthy, there is no need for massage or application of ointment. She denied that the accused usually leave the house by 08.30 a.m., and he was working for 6 to 8 hours. She admitted that the accused used to go for trip 5 to 6 days some times.
20. The victim many times screamed in the kitchen and stated that accused is not good. Her parents and 17 Spl.C.C.No.266/2014 Hemanth never asked about the victim's screaming. The victim never explained the reasons for her screaming. She scolded for such screaming. They went to the School Day Function on 08-02-2011 at 06.00 p.m., and returned at 08.00 p.m. On the next day she took the victim to the medical check up at 10.00a.m., to Gayathri Clinic. She came to know regarding the biological changes of the victim. She alone went to Gayathri Clinic. The doctor advised to get her to get the victim for medical examination. The doctor advised to conduct urine examination.
21. She admitted that name of Anthony is shown as father of Karthik in E.S.I. records. The incident occurred at Bangalore at the house at Thayappa Garden and not at Lakkavalli. Except these places no where the rape was committed. Her daughter went to NIMHANS for counseling after filing of Ex.P1. She had not seen the DNA Centre at Madiwala. She did not find out the signs of rape on Pw.2 on the particular day in her house at Bangalore. Pw.2 had 18 Spl.C.C.No.266/2014 carried 2 to 3 dresses when she went to Lakkavalli with the accused. She denied that the accused was not coming to her house for staying with them.
22. She led marital life with the accused for 10 years. She produced Ex.P3-Ration Card, Ex.P4-E.S.I. Card, Ex.P5-Voter's I.D. Card, Ex.P6-Voter's I.D. Card of accused, Ex.P7-S.S.L.C.Marks card of her daughter. In Ex.P1 complaint father name of Pw.2 is shown as Armugam.
23. Cw.4-the victim examined as Pw.2 had stated that Pw.1 is her mother. She knows Cw.5 to Cw.8, the accused is her father. She was residing in Thayappa Garden when she was studying in 8th and 9th standard and studying in Dayana Memorial School. In February-2011 she was studying in 9th standard. Her brother-Karthik was studying in 2nd standard. Her mother was working in Garments factory. The accused was working as car driver. She was nourished by her mother, grand mother and the accused since her childhood. When she was child the 19 Spl.C.C.No.266/2014 accused used to assault her and he was not taking her anywhere outside the house and he was scolding her.
24. When she matured in 8th standard, the accused changed his behaviour with her and he became very friendly and closed to her. He was touching her body wherever he required to touch and he was speaking with her by ugly words. He was touching her chest and private part, which was continued for 3 to 4 months. In spite of objections and protest he was continuing the same and was holding her tight. Thereafter the accused, herself and her brother went to Lakkavalli to the house of her elder uncle. The accused consumed drinks and slept besides her at 12.00 midnight. She got up and went to sleep to the other side and he again came towards her and slept by her side. The accused covered her face tightly by bed sheet and she was unable to breathe and he removed her skirt and did not allow her to struggle. He removed his lungi and slept over her and committed rape. He got up after five minutes 20 Spl.C.C.No.266/2014 and put her skirt again on her and removed the bed sheet tied to her face.
25. Afterwards she got stomach pain and she was tired. On the next day they returned to Bangalore. After returning to Bangalore she wanted to inform to her mother, but the accused did not allowed her to do so. He threatened her that if it is disclosed, he will kill her and her mother and also he will kill himself. After returning to Bangalore, he was always calling her and used to sleep besides her in spite of her protest and he committed rape for 5 to 6 days.
26. In January-2011 she started vomiting and her mother took her to Anand Hospital under the impression of food poisoning. A male doctor examined and gave syrup and medicine. The vomiting was controlled for one week, but again it was started. Then her mother took her to Gayathri Clinic and she was advised urine test and as per the test it was declared that she was pregnant. Thereafter she was taken to Vivekananda Hospital for scanning and 21 Spl.C.C.No.266/2014 the report showed that she was 3 months pregnant. Thereafter her mother asked her as to how she is pregnant, but she was not aware that one can be pregnant under intercourse, but she was under the impression that only after marriage one can become pregnant.
27. She informed to her mother that the accused has done to her. Her mother called the accused immediately to the house but he told that he is busy. Thereafter she has taken her and the accused to the Police Station and lodged the complaint. She missed her menses for two months and she came to know about her pregnancy. On the next day the police sent her to Sanjay Gandhi Hospital. C.W.C. persons came to the Police Station and talked to her mother. She was sent to NIMHANS and she was there for 15 days with her mother. She under went counseling and then she was sent to M.S.Ramaiah Hospital, wherein she was aborted.
28. She identified her signature on Ex.P2. She 22 Spl.C.C.No.266/2014 shown the place of incident to the police in her house. She told that when her brother was sent to tuition the accused had committee rape. When she told that she will inform to her mother, the accused threatened her by removing the gas pipe from the cylinder. She admitted that the house at Thayappa Garden was locked by the owner after they vacated. She is not aware of the name of the owner of that house. It was shed type house and they were residing there since long. She signed Ex.P2 in the police station. She is not aware of the contents of Ex.P2. There is double wooden cot in their house and the rape was committed on that cot.
29. She denied that the accused had not committed rape. They went to Kundor for two days to the house of her elder uncle and aunt. The incident happened at Kundor. On that day at 12.30 a.m., she slept. She was not aware as to how many persons are sleeping in that room at that time. There were five inmates in that house. She was not 23 Spl.C.C.No.266/2014 aware that the accused had consumed drinks. As the accused was emitting smell, he was not steady and was repeatedly speaking the same thing, she came to know that he was drunk. She did not see the accused taking dinner.
30. She was wearing skirt and top. She used to wear the same dress while sleeping in Bangalore. Skirt is her school uniform. Karthik was sleeping in another room. She woke up at 06.00a.m., on the next day. The accused after committing rape on her did not come back to her. None have seen the accused sleeping on her. The lights were off at that time. As the accused had covered her face with bed sheet, she did not resist or shout. She did not disclose the incident to her elder uncle and aunt because the accused threatened to her life. She was weeping after getting up in the morning.
31. Nobody asked her as to why she was weeping. She did not sustain any external injuries on the body. They returned to Bangalore by train. She could not inform 24 Spl.C.C.No.266/2014 to her mother because the accused threatened her. She denied that after confirmation of pregnancy there was news in T.V. that accused was her father. She denied that in NIMHANS they have informed that she is not pregnant and there is no need to terminate the pregnancy. According to her the accused was always abusing and assaulting her prior to the incident. She admitted that the accused was never her friend before the incident and he was never touching her. She used to watch the T.V. in her house before the incident.
32. The police have not recorded her statement when she was in NIMHANS. She admitted that the accused did not give any money after they returned from School Day function. She admitted that she did not informed to her mother that she will go to the house of Mava since she is not taking action against the accused. She is not aware of the age of Naveen who resides beside to her house. She denied that Naveen frequently visiting to her house in the 25 Spl.C.C.No.266/2014 absence of her mother. She informed to her grand mother and father about the assault and abuse of the accused. She was free with her mother in the absence of her father. She never informed the incident to her mother.
33. She used to wear pant and skirt in her house at the time of four incidents. She denied that accused never touched her when she was in school uniform. After returning from school, she used to remove her uniform and do house hold work. The accused did not abuse or assault her in the presence of her mother and he never shouted. She was not wearing bangle at the time of the incident. The accused used to pick up and drop her from the school. She was not going to the tuition. The accused took Karthik to tuition at 04.00p.m., on the date of one incident at Thayappa Garden and he brought him back at 07.00 p.m.
34. She denied that the accused was there near the tuition till 07.00p.m. That day was Wednesday. Karthik was in 3rd standard in 2011. The tuition class is about ½ a 26 Spl.C.C.No.266/2014 K.M., from her house. Herself and her brother used to go to their respective schools and accused used to drop and pick up them daily on his two wheeler. Her school timing was 09.00 a.m., to 02.45 p.m. She and her brother used to leave the school at the same time. She was not aware as to what the accused was doing in between the school timings. She used to go to the school in van also.
35. The accused never paid any fee. She was not going to the tuition as she was not interested. The accused was not objecting her to go to tuition. The accused was taking drinks outside the house when they were at Thayappa Garden house. She had not given any additional statement, except the statement dated 10-02-2011. She is not aware as to who inform the incident to news channel. There was no quarrel with respect to visit of Naveen to their house and accused never assaulted said Naveen. She denied that accused misbehaved with her at Lakkavalli. She does not remember the month, date of misbehavior of 27 Spl.C.C.No.266/2014 the accused before going to Lakkavalli. They went to Lakkavalli in Christmas vacation in December.
36. She denied that she was never subjected to misbehavior from the accused except the incident at Lakkavalli. She intimated those incidents of rape to her mother in October or November-2010. She admitted that her grand mother was residing in their house. However at the time of incident she was in the house of her Mava. On 10-02-2011 she did not went to the school. Her mother goes to work between 09.00a.m., till 08.00p.m. Her mother will not be present when they returned from the school.
37. Her grand mother did not return till June 2010. The accused did not misbehave with her during travel to Lakkavalli. She sustained injuries which were there for two weeks. But her mother did not notice them. Her mother saw the blood stains on her clothes and enquired her. She did not intimate to her mother that due to rape she sustained bloodstains in her private parts. It is suggested 28 Spl.C.C.No.266/2014 that without consent of other party, it is not possible to cover face with bed sheet and to commit rape by removing the skirt. It is denied that when there is no such incident and if at all such incident occurred, she would have screamed. When she was studying in 6th standard at Shimoga herself and mother and younger brother were staying in their house for one year. Thereafter sister of the accused came to that house. She studied 8th and 9th standard in Dayana Memorial School, Arakere, Bangalore. Then she was in 6th standard, the accused used to come to their house and staying also.
38. Cw.3-Hemanth examined as Pw.3 had stated that Pw.1 is his aunt, Pw.2 is her daughter and he know the accused, he is the second husband of Pw.1. About 3 years back, he was called to the police station and signed Ex.P2. The contents of Ex.P2 states that the accused attempted to commit rape on Pw.2.
39. During the course of cross examination of 29 Spl.C.C.No.266/2014 learned Public Prosecutor, he admits that on 02-04-2011 the police called him to the house of Pw.1 at Thayappa Garden and Cw.2 was also present. He admits that Pw.2 shown the place of incident, where the accused committed rape on her. The police have prepared mahazar and read over the contents.
40. During the course of cross-examination of defense, he admits that Pw.2 is the daughter of his father's sister. He heard Pw.2 stating about rape to the police. His house is situated next to the house of Pw.2.
41. Cw.7-Hamsaveni examined as Pw.4 had stated that she knows Pw.1 and the accused who is her husband's younger brother. She is not aware of the marriage of Pw.1 and the accused, but she knows that they are husband and wife. She knows Pw.2, but she is not aware as to whose daughter she is. 2½ years back marriage of her daughter was celebrated at Rangaswamy Temple in Lakkavalli and the accused and the Pw.1 attended the marriage with their 30 Spl.C.C.No.266/2014 son-Karthik, but Pw.2 did not come with them. However to Christmas holidays, accused and Pw.2 came to her house for 3 days. Thereafter she came to know from the police that the victim was raped by the accused. The accused and the victim were sleeping together with them.
42. During the course of cross-examination she has stated that her house had no separate bed room and kitchen. But in one room they carry on all the house hold activities. The victim and the accused have slept with all the members of their family. Her husband informed about the accused committing rape on the victim. The accused and the victim did not exhibit unethical attitude in her house. She is not aware of the father of the victim. The accused was sleeping with the victim as if his own daughter and the victim was addressing the accused as Appa.
43. Cw.9-Dr.Pradeep Kumar, examined as Pw.5 had stated that on 10-02-2011, when he was on duty one Armugam was produced before him and he examined him 31 Spl.C.C.No.266/2014 and gave certificate-Ex.P8. He opined that there is nothing to suggest that the accused is incapable of performing sexual intercourse. On 18-04-2011 he drawn blood sample of the accused and the victim in the Court for DNA examination and handed over the blood for further examination to the Police Inspector. He identified the accused. He denied that the accused is a eunuch and he had given false certificate.
44. Cw.10-Dr.Jayamma, examined as Pw.6 had stated that on 10-02-2011 she examined the victim, aged 14 years as per the requisition of MICO Layout police and found that she was pregnant of 12 to 14 weeks and the vagina admitted two fingers easily. Ultra sound scan confirms live pregnancy of 15 weeks. She had given report- Ex.P9. She is specialized in Gynecology and obstetrics. The victim was brought by police and no treatment was given. The C.M.O. after examining in O.P.D., referred the case to her. Since the victim was not admitted to the 32 Spl.C.C.No.266/2014 hospital, no case sheet was maintained. There was no discussion about termination of pregnancy. She had not counseled as the victim was not brought up for follow up. Mother of the victim and the W.P.C. have accompanied.
45. Cw.8-Pachappa, examined as Pw.7 had stated that from last 15 years he, his wife-Pw.4 and three daughters are residing at Kundor, abutting to Lakkavalli, Bhadravathi Taluk. He celebrated the marriage of his daughter-Manjula with one Kuppaswamy in 2010 at Malenahalli. The accused is his brother. He attended the marriage with his wife and son and stayed for three days. Two months later, during Christmas the accused came with the victim and Karthik and stayed for three days. Subsequently the mother of the victim told that the accused had raped the victim. During their stay in their house the accused was treating the victim as his daughter and he did not suspect anything.
46. Cw.5-Prakash, examined as Pw.8 had stated that 33 Spl.C.C.No.266/2014 Pw.1 is his sister, Pw.2 is her daughter, accused is the second husband of Pw.1. Sudha married one Perera in 1994 and Pw.2 is their daughter. Subsequently Perera deserted Pw.1. Thereafter Pw.1 and Pw.2 started living in his house. She was working in garments. Pw.2 was aged about 4 to 5 years when Pw.1 married the accused. At that time the accused was working as painter with him. The accused started to work as cleaner in a travel agency. When he was a painter, he contacted Pw.1 and he celebrated their marriage in Annamma temple. Thereafter the accused set up a house at Bilekahalli and Pw.1 joined him with the victim.
47. At that time Pw.1 was working in garments and the accused started working as car driver. Pw.2 was admitted to school. The accused was taking care of her, which was went on till victim's started her 9th class. In the mean time Pw.1 got son by name-Karthik. Karthik was studying in 3rd standard. One day Pw.1 called him and told 34 Spl.C.C.No.266/2014 that Pw.2 was confirmed of pregnancy. Immediately he went to the house of Pw.1, then Pw.1 told that as the menstruation of Pw.2 was postponed, she took her to the doctor and the Pw.2 told that the accused is responsible for her pregnancy and he threatened to kill everybody in the house and he will commit suicide if she told about this. According to him, the victim confronted the rape committed by the accused to her mother and to the Police Inspector in his presence. The accused was treating Pw.2 as his daughter. He never suspected the accused during his stay with the Pw.1.
48. Cw.11-Izaz Ahmed examined as Pw.9 has stated that house List No.606/521 of Thayappa Garden, Bilekahalli belongs to his cousin-Imthiyaz, who authorized to look after the property. In that site in a small roofed house, one Chandru who is the elder brother of Sudha was residing from 1996 till his death. On his death, Sudha, the accused and their children were residing. He identified the 35 Spl.C.C.No.266/2014 accused. They were not paying any rent. Subsequently he heard that the accused committed rape on the victim and she was conceived.
49. During the course of cross-examination, he had stated that no written GPA was given. He is not having documents to show that subsequent to the death of Chandru, the family of accused was resided. He is not personally aware of said rape.
50. Cw.12-Vasanthi, examined as Pw.10 has stated that she is the Superintendent of Government Reception Center. On 11-02-2011 the CWC referred the victim with a direction to get counseling and treatment from NIMHANS adolescent Child Psychiatry Wing. On the same day, they admitted the victim to NIMHANS. On the next day Dr.Preethi told to shift the girl to M.S.Ramaiah Hospital for further treatment. Then she was shifted. The counseling was commenced at NIMHANS, but as there is no provision for MTP, she was referred to M.S.Ramaiah Hospital. MTP 36 Spl.C.C.No.266/2014 was carried and she was discharged on 16-02-2011. Thereafter she was once again shifted to NIMHANS and discharged on 22-02-2011 as per the direction of CWC. She was handed over to the mother.
51. During the course of cross-examination, she had stated that she was not aware of the condition of the victim when she was brought to the hospital. She denied that MTP was not carried on her.
52. Cw.2-Pushpa examined as Pw.11 had stated that she knows the accused, Pw.1 and Pw.2. On 02-04-2011 at about 10.00 a.m., when she was in the house of Pw.1, the police have prepared Ex.P2-Mahazar. Pw.2 had shown the scene of offence to the police. Pw.1 and herself are friends. Accused is the husband of Pw.1.
53. During the course of cross-examination, she had stated that she is working in garments. Her house is situated 6 KMs. away from the house of Pw.1. Nobody 37 Spl.C.C.No.266/2014 called her to mahazar. She was requested as she was present at that time. She is not aware of the concluding time of mahazar, but it was written for 2 hours from 10.00 a.m. She was not able to say the dimension of the hall, the articles kept in the house and the boundaries of the house.
54. Cw.12-Dr.Shekar examined as Pw.20 had stated that CWC people have sent the victim for medical examination and she was admitted between 10-02-2011 till 22-02-2011. When he personally enquired, the victim told that her step-father-Armugam had committed rape on her. When she was examined she was confirmed with pregnancy and thereafter she was taken to M.S.Ramaiah Hospital and got aborted. Thereafter she was once again admitted to their hospital and counseling was made. Her date of birth was 22-08-1997. He relied upon Ex.P12. They have sent report to the police station as per Ex.P13. They have taken the consent of the victim and her mother before MTP as per 38 Spl.C.C.No.266/2014 Ex.P14 and Ex.P15. They have counseled the mother also.
55. Cw.18-Dharmalingam. H.C. 1916 examined as Pw.13 had stated that on 19-04-2011 he was deputed to bring foetus from M.S.Ramaiah Hospital. He brought the same and produced before the Investigation Officer as per Ex.P16.
56. Cw.19-Swetha-W.P.C.7426 examined as Pw.14 had stated that on 21-04-2011 she was deputed to hand over the foetus and the blood samples of the accused and the victim for DNA test to FSL-Madiwala and after handing over the same, she had given report as per Ex.P17.
57. Cw.13-Krishnaiah. H.C. 4188 examined as Pw.15 had stated that on 11-02-2011 he was deputed to prepare spot mahazar and he went to Kundur to the house of Cw.8 and prepared mahazar and sketch as per Ex.P19 and Ex.P20.
58. Cw.23-K.M.Yogesh, P.S.I., examined as Pw.16 39 Spl.C.C.No.266/2014 had stated that on 26-06-2011 the file was transferred and he registered in crime No.12/2011 and submitted FIR to the court as per Ex.P21.
59. Cw.21-Dr.Shakila Shetty, examined as Pw.17 had stated that on 12-02-2011 the victim was admitted to M.S.Ramaiah Hospital with the history of 4 months pregnancy. She was aged 14 years and unmarried. Mother accompanied her and requested for termination. They terminated and the document is Ex.P22. She has not taken the signature of accompanier in Ex.P22. She admits that the name of the Police Station and the crime number is not mentioned in Ex.P22.
60. Cw.24-R.B.Maledavara, Police Inspector examined as Pw.18 had stated that on 26-02-2011 he had taken the investigation and visited Kundor, but nobody were there in that house. Then he had taken the date of birth certificate from Diana School. He had written letter to get the documents from garments. On 12-03-2011 he 40 Spl.C.C.No.266/2014 recorded the statements of the victim and her mother and came to know that the incident was not happened at Kundor and then transferred the file to MICO Layout Police.
61. During the course of cross-examination, he admits that the place of incident is shown as Kundor. He had not prepared mahazar at Kundor.
62. Cw.25-H.S.Parameshwar, C.P.I., examined as Pw.19 had stated that on 09-02-2011 when he was SHO, Pw.1 had given complaint as per Ex.P1, he registered the case and submitted FIR to the Court as per Ex.P23. On the next day he sent the victim for medical examination to Jayanagar General Hospital with W.P.C. He had recorded the statement of the victim. He arrested the accused and recorded his voluntary statement and sent to Victoria Hospital for examination. As per the statement of the victim, the place of incident is Kundor and he sends Pw.15 for preparation of mahazar to Kundor along with the complainant and the victim. One volunteer-Divya had 41 Spl.C.C.No.266/2014 obtained consent from NIMHANS hospital for abortion and she intimated about the abortion.
63. On 14-02-2011 he handed over the case papers to Lakkavalli Police Station. On 23-03-2011 Pw.18 had sent the records as the place of incident comes within the jurisdiction of this Police Station. On 02-04-2011 he recorded the further statement of the victim and prepared spot mahazar and recorded the statements of Pw.8, Cw.6 and Pw.9. On 09-04-2011 he had issued notice to the victim for DNA examination. On 18-04-2011 the sample blood was taken in the Court. On 19-04-2011 he sent requisition to M.S.Ramaiah Hospital to send the foetus. On the same day Dharmalingam.P.C. had produced the foetus. On 20-04-2011 he sent to FSL. On 26-04-2011 he recorded the statement of Pw.10. On 29-04-2011 he recorded the statement of Cw.22 and submitted charge sheet on 01-05- 2011.
64. During the course of cross-examination, he had 42 Spl.C.C.No.266/2014 stated that he does not remember who are all came when they came to lodge the complaint. He admits that Ex.P1 was written by the police. When he enquired about the accused, they told that he was not available. Pw.1 had not produced the urine test report of the victim when she gave complaint. He had not examined the doctor of the Gayathri Clinic. After filing of the complaint, complainant was in the hospital for one hour. The accused was arrested near Devarachikkana Halli bus stop. The complainant was sent with the victim to the hospital. He had not recorded the statement of Divya. He is not aware when Ex.P14 was prepared. He does not remember the date of abortion. Based on Ex.P9 he says that the victim was pregnant.
65. The victim had stated that as she was afraid she told that the incident occurred in Kundor, but it was occurred in Bangalore. As per the documents on 03-11- 2010 the victim went to the school and the complainant went to the work. At the time of the incident the 43 Spl.C.C.No.266/2014 complainant was not with the victim. He had not prepared the rough sketch of the spot. From 12-02-2011 till 22-02- 2011 the victim was admitted in NIMHANS. She was in M.S.Ramaiah Hospital for four days. Karthik was aged 4 to 5 years.
66. Additional Charge sheet witness No.1-Dr.Vinod Janardhan Lakkappa examined as Pw.20 had stated that on 21-04-2011 Pw.14 had brought sealed articles along with requisition letter for DNA examination. The seals were in order. There are two sample blood tubes belongs to one Armugam and the victim. There was one foetus in one bottle collected from the victim. On DNA examination, he found that the foetus is human foetus of male child. The blood sample of Armugam shows that he is the natural father of the foetus. He relied upon Ex.P26 which is the DNA report.
67. During the course of cross-examination, he had stated that he had not shown when the foetus was 44 Spl.C.C.No.266/2014 removed. According to him, till it is preserved properly it could be subjected to DNA examination.
68. The documents relied upon by the prosecution are Ex.P1 is the complaint, Ex.P2 is the mahazar, Ex.P3 is the ration card, Ex.P4 is the E.S.I. I.D.Card of Armugam, Ex.P5 is the Electoral I.D.Card of Sudha, Ex.P6 is the Electoral card of the accused, Ex.P7 is the S.S.L.C. Marks card of the victim, Ex.P8 is the medical examination report of the accused. Ex.P9 is the follow up sheet of the victim, Ex.P10 is the Ultra Sound report, Ex.P11 is the MLC extract, Ex.P12 is the letter written by Police Inspector to CWC. Ex.P13 is the letter written by one Divya to the Police Inspector. Ex.P14 is the consent letter of parent of the victim. Ex.P15 is the consent letter of the victim. Ex.P16 is the report of Dharmalingam, Ex.P17 is the passport, Ex.P18 is the report of Swetha, Ex.P19 is the spot mahazar Ex.P20 is the rough sketch Ex.P21 is the FIR, Ex.P22 is the discharge summary, Ex.P23 is the FIR, Ex.P24 and Ex.P25 45 Spl.C.C.No.266/2014 are the P.F. Ex.P26 is the DNA report.
69. In this case it is the contention of the complainant is that her marriage with one Anthony was performed in 1995. In that marriage she gave birth to this victim, which is undisputed fact. It is also undisputed that in the year 1998 that Anthony left this complainant when the victim was aged two years. Thereafter this complainant and her daughter started residing in Bilekahalli, wherein she came in contact with this accused as he was painter with her brother in the year 2000. In the year 2002 she married this accused as second husband. In that marital relationship, Karthik was born.
70. Though in the defense it is taken that Karthik is not the son of the accused and the accused is not having any relationship with the complainant, but the complainant had relied upon Ex.P3 to Ex.P6 documents to show that her marriage with the accused was performed. Even with respect to this the evidence of Pw.3, Pw.4, Pw.7, Pw.8, Pw.9 46 Spl.C.C.No.266/2014 and Pw.11 on record proves that the accused married the complainant as second husband and they resided together. Thus the defense in this regard is ruled out.
71. It is undisputed that after the marriage, the accused, the complainant, the victim started residing in a separate house at Thayappa Garden house. Thereafter Karthik was born. It is the specific contention of the complainant that till the victim matured, the relationship of the accused with the victim was like that of father and daughter. It is her specific allegation that after the victim was matured, when she was in the 8th standard, the attitude of the accused towards the victim was changed and he became cordial with the victim. The accused was getting things to the victim and he was taking her out and he was moving with her cordially.
72. When this accused and the family after attending the School Day function on 08-01-2011 came to the house and found that the victim was found tired and the accused 47 Spl.C.C.No.266/2014 told the complainant to take her to the hospital. Thereafter she had taken her to Anand Clinic, wherein male doctor had given tablet to stop vomiting. That vomiting was stopped for 3-4 days but it was started once again. This complainant got doubt because the periods of the victim was not happened for two months and she was vomiting. She got doubt and went to Gayathri Clinic and got confirmed about the symptoms.
73. Thereafter she collected urine of the victim in the house and gave it for test to that clinic and they confirmed the pregnancy. Thereafter she has taken the victim to Prashanth Nursing Home, wherein also it was confirmed. Pw.2 is the victim also says the same version.
74. In this case the most important aspect to be considered is about the knowledge of the victim in this regard. The evidence of Pw.1 shows that when she intimated the pregnancy to the victim, the victim said as to how it could be possible without marriage, which shows the 48 Spl.C.C.No.266/2014 innocence of the girl. Thereafter the complainant had explained as to how this could happen and at that time the victim has disclosed the act of the accused. This innocence of the victim shows that she was misused by the accused. Then question of her intimating the act of accused to anybody cannot be expected. Further the victim had informed her mother that the accused threatened her with life. Naturally a girl of this much knowledge would definitely afraid of such a situation and we cannot expect that she will intimate the incident to her mother or to anybody.
75. Then complainant came to know as to when this type of incident is occurred, only when the victim told that when they went to the house of Pw.4 and Pw.7 for the first time when she and the accused and Karthik went for Christmas holidays for three days, the accused in a drunken status slept by her side and when she went to other side also he went there and by closing her face with 49 Spl.C.C.No.266/2014 blanket, by removing her skirt he committed rape on her. On the next day they came back to Bangalore, but the accused was always around the victim in order to avoid her to intimate the same to her mother. The presence of this victim, accused and Karthik in the house of Pw.4 and Pw.7 is established by their evidence. Though they have stated that the behaviour of the accused with the victim was like that of father and daughter, but they were not aware of the things which happened.
76. It is also alleged that after coming back to Bangalore, the accused was misbehaving with the victim. It is also stated that when the victim was inside the kitchen she used to scream when the accused was in the kitchen. Pw.1 had stated that she thought that his behaviour with the victim was that of father, she scolded the victim that he is her father. Naturally a girl under such circumstances cannot protect herself or cannot even ask the assistance of her mother.
50 Spl.C.C.No.266/2014
77. It is also alleged that the accused was picking and dropping the victim and the Karthik to and from the school. The contention of the victim is that he was not allowing the victim to go to tuitions, but he was sending Karthik to the tuition. It is also alleged that the complainant was returning home after 07.00 p.m. In between that time the accused was committing rape around 5 to 6 occasions. The circumstances stated by the victim could be acceptable one. Further this victim became the prey in the hands of the protector, who is the father. This person taking advantage of his status in the family as step father and innocence of the victim had mis used a innocent girl for his cruel act of rape.
78. Though an attempt was made in the defense that one Naveen is responsible for this pregnancy, but that is ruled out due to the DNA test. The DNA test report clearly establishes that the accused is the biological father of the foetus. Thus the defense has to be ruled out. In this case 51 Spl.C.C.No.266/2014 immediately knowing the incident, complainant called the accused over telephone and when she enquired, the accused had accepted that he committed rape. Immediately the complainant went to the police station and lodged the complaint. Hence, there is no question of any delay in filing the complaint.
79. In this case immediately after filing of the complaint, the Investigating Officer had deputed the staff to arrest and they produced the accused. The evidence of Investigating Officer is on record regarding arrest and production of the accused. Thereafter the girl was sent to NIMHANS along with the mother, wherein she was examined by Pw.6, who had stated that the girl is sexually abused and she is pregnant of 12 to 14 weeks baby and she collected the history of the case.
80. However she did not counseled, because she did not turn up for follow up check up. There after in NIMHANS she was examined by Pw.12, who had conducted 52 Spl.C.C.No.266/2014 counseling and he sent the victim to M.S.Ramaiah Hospital for MTP. That MTP was conducted by Pw.17, who had stated about MTP. Thereafter the foetus was preserved and Pw.13 says that he brought the foetus from the hospital. Pw.14 says that she has taken the foetus for FSL examination. Pw.20 says about DNA examination and he confirms that the accused is the biological father of the foetus.
81. In this case, Pw.5 says regarding examination of the accused and also drawing of blood sample of the accused and the victim for DNA examination. Pw.8 is the brother of Pw.1, says the acquaintance of the complainant with the accused and the intimation made by the complainant to him that Pw.2 is pregnant and when he rushed to the house, he came to know that the accused is responsible for her pregnancy. Pw.2 also says that the accused also threatened to kill every body in the house and he will commit suicide if she disclose to any body. This 53 Spl.C.C.No.266/2014 person could be considered as the person who received direct information from the victim along with his sister. Hence his evidence is also crucial to the case of the prosecution.
82. Pw.9 is the brother of the owner of the shed, had stated that the accused and the complainant and the victim were residing in that house.
83. Pw.10 is the Superintendent of Government Reception Center, had stated about sending a girl to NIMHANS and there was no provision for MTP in NIMHANS, they have sent the victim to M.S.Ramaiah Hospital. Thereafter in view of counseling and the recovery they sent the victim with her mother.
84. With respect to the spot mahazar, Pw.11 had stated that the victim had shown the place, wherein the accused had committed rape and the police have prepared mahazar Ex.P2.
54 Spl.C.C.No.266/2014
85. Pw.15 had conducted mahazar at Kundur which according the victim is the place, wherein first time she was raped. Pw.16 is the Investigation Officer, who received the case file and conducted part investigation. Pw.18 is the Police Inspector, who conducted part investigation and came to know that the incident was occurred at Bangalore and not at Kundur. Pw.19 is the Investigation Officer who registered the case and sends the victim to Jayanagar Hospital and he recorded the voluntary statement of accused. He had conducted major part of the investigation and nothing is elicited which is favourable to the accused. There are minor discrepancies in his evidence, which is not of much value.
86. In this case with respect to the age of the victim, Ex.P7 is the document shows that her date of birth is 22- 08-1996. As on the date of lodging the complaint, she was aged below 16 years of age. This aspect also to be considered seriously. Though the name of the father in 55 Spl.C.C.No.266/2014 Ex.P7 shown as Armugam, but that will not be considered as any technical defect to the case of the prosecution. As the complainant was married this accused, she might have given his name as father for the purpose of records. It is no body's case that the victim is the own daughter of the accused. Hence, no much credence could be given to this defense.
87. In this case with respect to the easy acquaintance of the accused with the victim could be gathered as he is the step father to her. Further there is an opportunity for him as his wife was working and will be away from the house till 07.00p.m. The accused was not sending the victim to the tuition and by taking advantage of that particular time, he committed rape on innocent girl who had no idea even how the pregnancy could be caused. Her question to her mother as to it cannot be caused before marriage shows how innocent she is.
88. This accused had taken advantage of this and 56 Spl.C.C.No.266/2014 ruined her life. There is no chance of any explanation could be accepted. There is one peculiar suggestion which reads as follows: "It is false that I was never subjected to misbehaviour from accused except the incident at Lakkavalli." I am unable to understand the purpose of this suggestion. This clearly goes to show the intention of the accused. Even there is an attempt made to prove that there was no chance of any such incident as there are neighboring houses. However with such innocent girl, one cannot expect screaming. This is a case wherein the house of the girl is not safe for her. The contention of the defense that the incident is not occurred. However though the victim had stated that incident occurred at Kundur, but during investigation, it was found that the incident was not occurred at Kundur, the case is transferred to MICO Layout Police Station.
89. In this case even if the victim says in confusion, but the DNA report establishes that the accused committed 57 Spl.C.C.No.266/2014 rape on her. Thus this defense will be ruled out. Hence, looking into the seriousness of the offence, the Court has to consider that the prosecution had proved the allegation beyond reasonable doubt. There is no probable defense established by the accused. Thus I have to answer these points in the Affirmative.
90. Point No.3:- In view of my foregoing reasons, I proceed to pass the following:
ORDER Under Section 235(2) of Cr.P.C., the accused is found guilty of the offences punishable under Section 376 and 506 of I.P.C.
To hear regarding the sentence.
(Dictated to the Judgment Writer, transcribed and typed by her and also computerized to my dictation by her. It is then corrected and pronounced by me in the open Court on this the 21st Day of October 2016.) (B.S.REKHA) L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.58 Spl.C.C.No.266/2014
ORDER ON SENTENCE The accused produced through V.C. Heard the learned Public Prosecutor. The learned Public Prosecutor submits that the accused had committed rape on his daughter, to whom she had trust and he misused that trust. This is rarest of rare cases. The girl is not fully developed and the accused was supposed to guide for her life and hence the life imprisonment shall be given.
Heard the counsel appearing for the accused. The counsel submitted that the accused is in judicial custody from 2011 and he is the only son to his parents and he has to look after his parents. He is in judicial custody from six years. Hence, lenient view may be taken.
Heard. However in the present case on hand as the girl is below 16 years of age, the Court has to consider that the minimum punishment prescribed for offence under Section 376 of IPC is not less than ten years with fine 59 Spl.C.C.No.266/2014 and the learned Public Prosecutor request to impose life imprisonment. However looking into the heinous of the offence, I am of the opinion that life imprisonment will be just for this type of offence. There are materials like DNA test and other materials which clearly shows that he had committed offence not only once, but on several occasions, which cannot be ignored and it should be a lesson to the persons who commit such type of offences in society.
Thus in my opinion, the Court has to impose life imprisonment with fine of Rs.5,000/- in default of payment of fine to under go S.I. for three months for Section 376 of IPC. With respect to offence under Section 506 of IPC, he is sentenced to under go S.I. for one year. The sentence shall run concurrently. Hence, I proceed to pass the sentence as under:
ORDER Acting under Section 235(2) of Cr.P.C. accused is hereby convicted for the offences punishable;60 Spl.C.C.No.266/2014
a)for Section 376 of I.P.C he is sentenced to undergo with life imprisonment and shall also be liable to fine of Rs.5,000/-, in case of default to pay the fine amount, he shall undergo Simple Imprisonment for a period of three months.
b) under Section 506 of I.P.C he is sentenced to undergo Simple Imprisonment for a term of one year.
The sentences shall run concurrently.
The J.C. period of accused from 10-02- 2011 to till date i.e., (in all 5 years, 08 months and 11 days) be set off as laid down under Section 428 of Cr.P.C.
After deposit of fine amount, Rs,4,000/- is ordered to be paid to P.W-2, the prosecutrix as compensation after appeal period is over and the remaining amount will be considered as fine to the State.
61 Spl.C.C.No.266/2014
Issue copy of judgment free of cost to the accused forthwith.
As the victim requires compensation and the accused is not in a position to give compensation, this judgment is to be sent to Karnataka State Legal Service Authority to award compensation under Section 357-A of Cr.P.C.
(Computerized to my dictation by the Judgment Writer. It is then corrected and pronounced by me in the open court on this the 21st Day of October 2016.) (B.S.REKHA) L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.
ANNEXURE
LIST OF WITNESSES EXAMINED ON BEHALF OF
PROSECUTION
PW 1 Sudha Cw.1 26-09-2012
PW 2 Shilpa Cw.4 27-09-2012
PW 3 Hemanth Cw.3 18-03-2013
PW 4 Hamshaveni Cw.7 18-03-2013
62 Spl.C.C.No.266/2014
PW 5 Dr.Pradeep Kumar. M.P. Cw.9 19-08-2013
PW 6 Dr.Jayamma.G. Cw.10 19-08-2013
PW 7 Pachchappa Cw.8 19-08-2013
PW 8 Prakash Cw.5 19-08-2013
PW 9 Izaz Ahamed Cw.11 20-09-2013
PW 10 Vasanthi Cw.12 03-10-2013
PW 11 Pushpa Cw.2 21-01-2014
PW 12 Dr.Shekar Cw.20 11-03-2014
PW 13 Dharmalingam Cw.18 11-03-2014
PW 14 Swetha.C.K. Cw.19 11-03-2014
PW 15 Krishnaiah.K. Cw.13 22-12-2014
PW 16 Yogesh.K.M. Cw.23 22-01-2015
PW 17 Dr.Shakila Shetty Cw.21 10-03-2015
PW 18 R.B.Maledavara Cw.24 11-06-2015
PW 19 H.S.Parmeshwar Cw.25 11-06-2015
PW 20 Dr.Vinod Janardan Addl. 10-02-2016
Lakkappa Witn
LIST OF DOCUMENTS MARKED ON BEHALF OF
PROSECUTION
Ex.P 1 Complaint Pw.1 26-09-2012
Ex.P 1a Signature of Pw.1 Pw.1 26-09-2012
Ex.P 1b Signature of Pw.19 Pw.19 11-06-2015
Ex.P 2 Spot Mahazar Pw.2 27-09-2012
Ex.P 2a Signature of Pw.2 Pw.2 27-09-2012
Ex.P 2b Signature of Pw.3 Pw.3 18-03-2013
63 Spl.C.C.No.266/2014
Ex.P 2c Signature of Pw.11 Pw.11 21-01-2014
Ex.P 2d Signature of Pw.19 Pw.19 11-06-2015
Ex.P 3 Ration Card Pw.1 14-02-2013
Ex.P 4 E.S.I. I.D.Card Pw.1 14-02-2013
Ex.P 5& 6 Voters' I.D. Pw.1 14-02-2013
Ex.P 7 S.S.L.C. Marks card Pw.1 14-02-2013
Ex.P 8 Medical examination Pw.5 19-08-2013
report of the accused
Ex.P 8a Signature of Pw.5 Pw.5 19-08-2013
Ex.P 8b Signature of Pw.19 Pw.19 11-06-2015
Ex.P 9 Follow up sheet Pw.6 19-08-2013
Ex.P 9a Signature of Pw.6 Pw.6 19-08-2013
Ex.P 9b Signature of Pw.19 Pw.19 11-06-2015
Ex.P 10 Scanning report Pw.6 03-10-2013
Ex.P 11 Copy of MLC Register Pw.6 03-10-2013
extract
Ex.P 12 Letter Pw.12 11-03-2014
Ex.P 12a Signature of Pw.12 Pw.12 11-03-2014
Ex.P 12b Signature of Pw.19 Pw.19 11-06-2015
Ex.P 13 Letter Pw.12 11-03-2014
Ex.P 14 Consent letter Pw.12 11-03-2014
Ex.P 15 Consent letter Pw.12 11-03-2014
Ex.P 16 Report Pw.13 11-03-2014
Ex.P 17 Passport Pw.14 11-03-2014
Ex.P 18 Report Pw.14 11-03-2014
Ex.P 19 Spot mahazar Pw.15 22-02-2014
Ex.P 19a Signature of Pw.15 Pw.15 22-02-2014
64 Spl.C.C.No.266/2014
Ex.P 20 Rough Sketch Pw.15 22-02-2014
Ex.P 20a Signature of Pw.15 Pw.15 22-02-2014
Ex.P 21 FIR Pw.16 22-01-2015
Ex.P 21a Signature of Pw.16 Pw.16 22-01-2015
Ex.P 22 Discharge summary Pw.17 10-03-2015
Ex.P 22a Signature of Pw.17 Pw.17 10-03-2015
Ex.P 23 FIR Pw.19 11-06-2015
Ex.P 23a Signature of Pw.19 Pw.19 11-06-2015
Ex.P 24 P.F.No.68/11 Pw.19 11-06-2015
Ex.P 24a Signature of Pw.19 Pw.19 11-06-2015
Ex.P 25 P.F.No.68/11 Pw.19 11-06-2015
Ex.P 25a Signature of Pw.19 Pw.19 11-06-2015
Ex.P 26 DNA report Pw.20 22-06-2015
Ex.P 26a Signature of Pw.20 Pw.20 22-06-2015
LIST OF MATERIAL OBJECTS MARKED
NIL
LIST OF DOCUMENTS MARKED ON BEHALF OF
DEFENCE
Ex.D1 Map 15-08-2016
LIST OF WITNESSES EXAMINED, AND MO.S MARKED ON BEHALF OF DEFENCE
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L ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE.
65 Spl.C.C.No.266/201466 Spl.C.C.No.266/2014