VISVESWARAN Vs. STATE REPUBLIC

JUDGEMENT

(1.) The appellant has been convicted by the trial Court for wrongful confinement (S. 346), abduction (S. 366) and rape (S. 376). On conviction, rigorous imprisonment for a period of seven years and fine of Rs. 10,000/- for offence under S. 376 and lesser punishments for other offences were imposed. The conviction and sentence has been maintained in appeal by the High Court in terms of the impugned judgment which is under challenge on grant of leave.

(2.) The appellant at the relevant time was posted as a Constable in the Prohibition Wing of Conoor Police Station. The victim, P.W. 1, was a young, recently married rustic woman. The commission of crime on the person of the victim by a Police Constable has also been fully established and is not a matter in issue. The issue that has been raised in this appeal is about the identity of the accused.

(3.) The established facts are that during March, 1989, P.W. 1, her husband (P.W. 2), Uncle of P.W. 2 (P.W. 4) and their other relatives pursuing the profession of lead coating to vessels/utensils, used to go from place to place for the purpose of their profession. At the relevant time, they were at Kethi in Udhagamandalam for the said purpose. Their native place is Pondicherry. On the night between 11th and 12th March, 1989, while all these persons were sleeping on the bus stand, a Police Constable came in a taxi at about 1 a.m. and asked P.W. 1 and P.W. 2 about their identity and profession. On P.W. 1 replying that P.W. 2 is her husband and they had come for the purpose of their profession of lead coating to vessels, they were told that there was a suspicion on them and were asked to board that taxi. Under these circumstances, they were made to board the taxi. After covering some distance, P.W. 2 was pushed out from the taxi and when asked why was he pushed out, P.W. 1 was told that her parents had made a complaint and she had to be interrogated alone. She was forcibly taken into a room in Woodlands Hotel at Udhagamandalam. The room was bolted from inside and rape committed on her. In the morning, the taxi-driver came and tapped the door, the Police Constable went inside the bathroom instructing the driver to bring the taxi. When he was in the bathroom, P.W. 1 bolted the door from outside and came out of the hotel. P.W. 1 thereafter with the help of an old man reached the bus stand and narrated the incident to P.W. 2 and P.W. 4. They then went to the Police Station Kethi and she narrated the incident which was reduced into writing by Sub-Inspector of Police. It is Exhibit P-1. Exhibit P-1 was signed by P.W. 1. P.W. 12 registered a case under Ss. 366 and 376, I.P.C. and submitted it to the Inspector of Police. Exhibit P-19 is the First Information Report. P.W. 13, the Inspector of Police received a copy of Exhibit P-19 and recorded statements of P.W. 1 and P.W. 2 and thereafter sent P.W. 1 for medical examination in the hospital. As the accused was serving in the Police Department. P.W. 13 submitted the file to the Revenue Divisional Officer (P.W. 14). Exhibit P-20 is the letter written by P.W. 13 submitting the file to P.W. 14. The accused was not available when P.W. 14 searched for him. All this happened on 12th March.