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4. Based on the above materials, the trial Court framed charges for the offences under Sections 354 IPC and 4(1)(J) of Tamilnadu Prohibition Act and the accused denied the same. In order to prove its case, on the side of the prosecution, as many as 7 witnesses were examined and 3 documents were exhibited.
5. Out of the witnesses examined, P.W.1 is the father of the victim girl. According to him, P.W.1, 2, and 3 along with his another daughter were travelling in the Island express on 27.11.2010. They were allotted with the berth Nos.17,18, 20 and 21 in coach No.12 , where the victim and her sister were sleeping in lower berths and P.Ws.1 and 3 were sleeping in the middle berth. At about 1.00 p.m., they heard the noise of P.W.2 and found that the accused was lying between 2 berths, when they enquired P.W.2 told them that the accused had fall on her while she was sleeping. Then, he informed the same to the T.T.E and lodged a complaint at Salem Railway Police. P.W.2 is the victim girl. According to her, she was sleeping in lower berth No.17 and at about 1.00 p.m., she found that somebody had fallen on her. Immediately, she woke up and pushed the man down and raised alarm, and when her father questioned the same, the accused told him that mistakenly he had fallen on P.W.2 and he had also apologized for that. Thereafter, her father had given a complaint before the respondent police. P.W.3 is the mother of the victim girl. She has also spoken about the occurrence. P.W.4 is the Travelling Ticket Examiner in Coach No.12 in Island express. He has spoken about the berths allotted to P.Ws.1, 2, 3 and the accused. According to him P.Ws,1,2, and 3 and yet another sister of P.W.2 were alloted with berth Nos.17,18, 20 and 21 and the accused was allotted with berth No.47, which is Reservant Against Cancellation Seat(RAC). P.W.5 is the another Travelling Ticket Examiner. P.W.6 is the doctor, who examined the accused, and given a certificate Ex.P.2, says that the accused was under the influence of alcohol. P.W.7 is the Sub-Inspector of Police, who registered the case, conducted investigation and after completion of investigation, he filed a final report.