issued by her. P.W.12 made a request to the learned
Judicial Magistrate to record her statement under Section ... opined that she had completed 12
years of age and not completed 13 years of age. Ex.P.12 is the certificate
issued
times. They reached Chennai and stayed in
the house of Vijayalakshmi (PW.12).
(E) As there had been an FIR in respect to the fact ... under Sections 366 and 376 IPC and so far as A.2 and A.3 were
4
concerned, they were charged under Sections
sexual over-indulgence. Persons with homosexual tendencies may be impotent. Sometimes, an individual may be impotent with one particular woman, but, not with another. Thus ... Volume 12, it is stated that even the slightest degree of penetration is sufficient to prove sexual intercourse within the meaning of Section
their
statements were recorded in detail on 14.07.2011.
6. P.W.12 Assistant Professor, Forensic Medicine, Gandhi
Medical College, Secunderabad, conducted the autopsy ... aforesaid items, but their blood
group could not be detected. P.W.12, who conducted the
autopsy on the body of the deceased, opined that
there is nothing to suggest that he is impotent. The Sub-Inspector of Police
4/12
https://www.mhc.tn.gov.in/judis
examined ... Investigation Officer altered the case from one under child missing to
Sections 365 , 367 , 376 , 377 IPC and Section 4 of Tamil Nadu Prohibition
Saraswati Devi vs State & Anr on 5 March, 2018
Author: P.K. Lohra
Bench
case was registered the respondent station Crime
No.5/2014, U/s 376 of IPC and FIR was prepared and the said ... state that the accused is
impotent and the certificate issued by him in this regard is Ex.P.12.
23. P.W.9, Dr.Nandhini
accused is impotent.
7.The learned trial Judge in respect to the said incriminating
materials, examined the accused under Section ... Court, Sivagangai, came to the
conclusion that the accused is guilty under Section 5(1)(m) r/w 6 of POCSO
Act 2012 and sentenced
that the accused is impotent.
(viii) P.W9-Thangadurai, P.W10-Krishnaraj, P.W11-Natarajan.
P.W12-Mathivanan ... When the above incriminating materials were put to the accused
under Section 313 of Cr.P.C., the accused denied the same as false.
However
learned Judicial
Magistrate, Thirumangalam for the purpose of recording their statements under
Section 164 Cr.P.C. At about 3.00 p.m. on the same ... nothing to suggest that he was impotent. There was also nothing to suggest that
he underwent sexual intercourse 12 to 24 hours prior
