LexKAMALANANTHA AND ORS. versus STATE OF TAMIL NADU
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A KAMALANANTHA AND ORS. v. STATE OF TAMIL NADU APRIL 5, 2005 B [B.N. AGRAWAL AND H.K. SEMA, JJ.] Penal Code, 1860 : Sections 120-B, 376 rlw. 109, 376(2)(c), 354, 302, 302 r/w. 34, 343, 506 C Part-JI, 312, 304 and 201 r/w. 304-Allegation of rape of 13 girls on several occasions and murder of one person-By Swami in Ashram-:-Prosecutrix entirely dependent on the accused-Accused abetted and supported by other accused-Initiation of prosecution after a news item followed by the complaint of one of the prosecutrix~Evidence of all the prosecutrix, incriminating the D accused-Evidence supported by medical evidence and other contemporaneous documents-Murder proved by evidence· of eye-witnesses-DNA test proving the accused and one of the prosecutrix to.- be parents of a dead foetus- Conviction and sentence of life imprisonment by Courts below-On appeal, held: Jn the facts of the case conviction and sentence justified-This is a rarest. of rare cases. E Section 3 75-Rape-Charge of-Consent of prosecutrix taken by deceitful manner and under threat-Held: The charge of rape would fall within the definition of the Section-Consent obtained by deceitful means and under threat is no consent. F Code of Criminal Procedure, 1973: Section 31-Sentences of life imprisonment-Direction by trial Court to run consecutively-Validity of-:-Held: Direction of consecutive sentence of life imprisonment is valid-The term 'imprisonment' occurring in Section 31 G would include sentence of life imprisonment- Sentencing. H Section 160-Examination of prosecutrix in the Police Station-After removing them from the place of occurrence i.e. from the clutches of accused- Held: Such examination not violative of the Section-The provision should be understood in the context of the situation that the prosectrix were removed 182 KAMALANANTHA v. STATE OF TAMIL NADU 183 from the place of occurrence for their safety and serve the interest of Justice. A Sections 218, 464 and 465~Violation of provision under Section 218- Curability of-Held· Violation of the provision under Section 218 is not cm illegality, but is misjoinder of charges, an irregularity-Hence curable ulss. 464 and 465 provided no failure of justice had occasioned thereby. Criminal Trial : B Evidence of Prosecutrix-Evidentiary value of-Heid: Evidence of prosecutrix, if inspires confidence, conviction can be founded :Jn her testimony alone unless there are compelling reasons for seeking corroboration-Her evidence is more reliable than that of injured witness-Minor contradictions C and insignificant discrepancies in her statement should not be a ground for throwing out an otherwise reliable prosecution case. The allegation was that Accused-I a Swami in the Ashram, systematically abetted by A-2, A-4, A-6, A-7 and 'D' the absconded D accused had raped 13 Ashram girls PWs 3 to 15 and PW-55, on several occasions. Most of the victim girls except PWs 4 and 6 were orphans brought from Sri Lanka. They were entirely dependent on A-1. A-1 had control over the prosecutrix physically, mentally and spiritually. Four of the accused were below 16 years of age when they were raped. Many of the girls had to undergo abortion. A-1 was also alleged to have murdered E one 'R' with the help of A-2, A-40 A-6 and A-7 in April, 1991 by beating him and confining him to the Kudil without food and water, because he was shouting in the Ashram that A-1 was having sex with Ashram girls. 'R' had been brought to the Ashram in July, 1990. A-1 was also alleged to have cheated one 'M' inducing him to part with the money. F PW-3 prosecutrix and PW-16 another inmate with the help of one of her relatives, and with the assistance of a Woman Organisation came out of the Ashram on 31.10.1994. Till 15.11.1994 no complaint was lodge~. A news item in this respect dated 15.11.1994 appeared in 'The Indian Express'. On 17.11.1994 PW-3 lodged a complaint (Exbt.P-25) and a case G was registered u/ss. 142 and 376 IPC. By an order dated 19.11.1994, the case was handed over to C.B.C.l.D. The prosecutrix were examined in women Police Station. On medical examination of all the prosectrix, the hymen was found not intact. The potency of A-1 was also established, Investigating Officer seized amongst other things two new packets of 'Nirodh' from the kudil of the·absconded accused in the Ashram. H 184 SUPREME COURT REPORTS [2005] 3 S.C.R. A Prosecution examined 62 witnesses. None of them turned
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