Indian Kanoon - Search engine for Indian Law

11. The Inspector of Police, Peerumade Police Station, took up the investigation and examined the parents and teachers of the deceased and prepared inquest report (Ex.P43). He also gave a requisition for re-post-mortem of the deceased.

12. On his request, P.W.55 and P.W.56, Medical Officers of Department of Forensic Science, Government Medical College, Kottayam, Kerala, conducted joint post-mortem on the body of the deceased girl and issued the second post-mortem certificate (Ex.P31). After receipt of report from the Forensic Science laboratory, they gave their final opinion http://www.judis.nic.in  Crl.A.Nos.19 and 55 of 2019 (Ex.P32) stating that the deceased girl died due to pneumonia.

30.5. It is the further contention of the learned State Public Prosecutor that, though initially, Doctors found that the deceased minor http://www.judis.nic.in  Crl.A.Nos.19 and 55 of 2019 girl would have suffered breathlessness and asthma, P.W.33, Medical officer, ruled out such Asthma, whereas they suspected poisoning. Despite all these happenings, no intimation whatsoever was given to the police. Though P.W.2, mother of the victim minor girl, came to the hospital, she has no knowledge as to what did happen in the hospital. Therefore, the medical evidence given by the Doctors at private hospitals cannot be given much importance because each evidence is contradicting the other. The treatment given by them was based on the tests performed on the victim minor girl from time to time. There was no conclusive evidence as to the victim girl's health condition at any of the three hospitals. Therefore, such evidence cannot be given much importance, whereas P.W.53, the Doctor who conducted post-mortem, has clearly spoken about the external injuries which are ante-mortem in nature and also on private parts. The evidence of P.W.55 and P.W.56, who conducted the second post-mortem on the body of the deceased should not be given much credence, since some of the organs were removed during first post-mortem, and they were not available for examination during second post-mortem. Therefore, any opinion given by P.W.55 or P.W.56 about the cause of death will not affect the prosecution case. http://www.judis.nic.in  Crl.A.Nos.19 and 55 of 2019 30.6. It is further contended by the learned State Public Prosecutor that, when P.W.53 has noted internal injuries in the genitals and pelvic organs, immediately after the death of the victim girl, the evidence of other Doctors have no relevance at all. Further, it is contended that Ex.D1 cannot be given much importance as the Doctor who issued the certificate Ex.D1 was not examined in this regard. Failure of the accused to give any explanation as to the nature of injuries sustained by the deceased minor girl provides additional link to the chain of circumstances.

42.45. Exs.P31 and P32, marked by the doctors who conducted second post-mortem, corroborate the evidence of the doctors who gave http://www.judis.nic.in  Crl.A.Nos.19 and 55 of 2019 treatment to the deceased girl for breathlessness, hypoxia, etc. as discussed above. Merely on the basis of some injuries found in vagina, which are also possible due to some other causes like masturbation, urinary tract infection, unclean habits, bacterial infection, etc. as spoken by the medical officers as stated supra, we cannot presume that such injuries were caused only by sexual intercourse allegedly committed by A1, for the only reason that she was in his custody at the relevant point of time. The materials available on record also disclose that A1's wife is a teacher by profession in English and his mother is also residing with him who is also a teacher by profession and he has a girl of same age as that of the deceased.

42.49. The conduct of the wife and mother of A1 in taking the girl and pleading the doctor to atleast give her first aid at the first instance at SKS Hospital, Perambalur, appears quite normal. Further, the parents of the deceased girl, especially, P.W.2, who was admittedly present all along with the deceased girl in the hospitals right from 29.06.2012 till the death of the girl, have never spoken anything about the alleged sexual assault by A1. It is also important to note that, at the very inception itself, in Dhanalakshmi Srinivasan Medical College Hospital, Perambalur, vaginal http://www.judis.nic.in  Crl.A.Nos.19 and 55 of 2019 swab was taken for examination by the Gynaecologist, and no semen or spermatozoa was found. Even the doctor (P.W.53), who conducted autopsy, has stated that no semen or spermatozoa was found on the body of the girl. The second post-mortem report is also in similar lines. Even no semen or spermatozoa was found in the underwear (M.O.1), allegedly seized by the prosecution from the house of A1, as per forensic report Ex.P44.