O M BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant O.M. Baby (since deceased), had been convicted by the learned Sessions Judge, Wayanad, Kalpetta, Kerala under Sections 376, 506 (ii) and 342 IPC. He was sentenced to undergo rigorous imprisonment for seven years for the offence under Section 376 IPC; two years for the offence under Section 506 (ii) IPC and for a period of one year for the offence under Section 342 IPC. Additionally, for the offence under Section 376 IPC, a fine of Rs.50,000/-, in default, further imprisonment for two years was imposed on the appellant. The fine amount was directed to be paid to the prosecutrix (PW 2). The learned trial court had also directed that the sentences are to run consecutively.

(2.) Aggrieved, the deceased-appellant filed appeal before the High Court of Kerala. By the judgment and order dated 13.01.2005, the appeal was dismissed by the High Court. However, the sentence imposed under Section 376 IPC was reduced to three years. The sentences imposed under Sections 506 (ii) and 342 IPC were maintained but were directed to run concurrently. Aggrieved by the aforesaid, this appeal has been filed.

(3.) During the pendency of the appeal, the appellant, O.M. Baby, died on 07.10.2008. On an application filed, the wife of the deceased was allowed to be pursue the appeal.