2004 before the Family Court, Madurai for divorce under Sections 13(1)(a) and 12(1)(a) of the Hindu Marriage Act. The Family Court ... marriage was declared as null and void on the ground of impotence of the husband.
5.The first respondent police completed the investigation in Crime
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
victim child was also determined between
11 and 12 by the radiologist. Thiru.Sirajudeen [P.W-4] Headmaster of the
Corporation Middle School, Sengulam, Palakarai ... opined that there was nothing to suggest that the
appellant was impotent or was incapable of performing sexual
intercourse. The opinion
offence under Section 376 IPC, against the appellant and
prepared the printed F.I.R. (Ex.P15).
3.Rajasekaran (P.W.12) took ... Chennai,
for the offence under Section 376 IPC, against the appellant. On appearance
of the appellant, the provisions of Section 207 Cr.P.C. were
evidence, as well in the report Ex.P12, has stated as
follows:-
''Opinion :
(1) He is of about 25 years ... There is nothing to suggest that the abovesaid person is
impotent.
(4) There is no sign of recent intercourse.''
3.After examining
recorded the statements of PW2, PW5 & PW6 under
Section 162 of the Code of Criminal Procedure. Thereafter, she arrested the
accused, father of the victim ... accused was impotent.
3. Tmt.Renuka Devi(PW10), Judicial Magistrate III, Coimbatore
recorded the statement of the child under Section 164 of the Code
recorded the statements of PW2, PW5 & PW6 under
Section 162 of the Code of Criminal Procedure. Thereafter, she arrested the
accused, father of the victim ... accused was impotent.
3. Tmt.Renuka Devi(PW10), Judicial Magistrate III, Coimbatore
recorded the statement of the child under Section 164 of the Code
According to PW-6, the victim was aged between 10
and 12 years.
https://www.mhc.tn.gov.in/judis ... issued a certificate (Ex.P12) stating that
there was nothing to suggest that the appellant was impotent.
5. On 04.05.2015, the statements
12) took
vaginal smears for examination and sent it to Forensic Science
Department, Salem. Based on the biological report (Ex.P14),
P.W.12 ... mentioned that there was nothing to suggest that he was impotent
and in Ex.P8 his age was assessed as about 27 years
Madesh vs State By The Inspector Of Police on 9 January, 2023
Bench: P.N
