C T RAVEENRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Sessions Judge, Kozhikode, who is also a Special Judge under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST (PA) Act') convicted the appellant for offence under Sections 457 and 376 IPC and Section 3(2)(v) of the SC/ST (PA) Act and sentenced to rigorous imprisonment for two years and a fine of Rs.lOOOAwith default sentence for a further period of six months under Section 457 of the IPC. For offence under Section 376 of the IPC, the appellant was sentenced to rigorous imprisonment for 10 years and a fine of Rs.5,000/- with default sentence of simple imprisonment for one year. For offence under Section 3(2)(v) of the SC/ST (PA) Act, the appellant was sentenced to imprisonment for life and a fine of Rs.10,000/- with default sentence of imprisonment for one year. THE above conviction and sentence are now under challenge in this appeal.

(2.) THE prosecution case in brief is that at 00.30 hours on 20.1.2005, the appellant inorder to commit rape on now late P, broke opened the door of house bearing door No. V/ 1985 of Kozhikode Corporation, wherein P was residing and thus committed house breaking by night and then committed rape on late P, who belongs to a Scheduled Caste community. THE appellant belongs to Hindu Nair Community. Late P was employed as a Nursing Assistant at Medical College Hospital, Calicut. She had two daughters. Youngest daughter, R had an inter-caste marriage with Venugopal, the brother of the appellant. It is revealed that relationship between R and Venugopal later got strained. At 9.p.m. on 19.1.2005, the appellant reached the above house of late P and enquired about his brother Venugopal. When P stated that Venugopal was not there in the house, the appellant asked for some water stating that he had to drink more water as he had infection in his genitals. THE appellant was given water. THEn he requested for supper. P served supper also and by about lO.p.m. the appellant left the house. PW2, a lady in the nearby house, who was in her periods had been staying with P on that day. After supper, P and PW2 went to bed. By about 12'o clock in the night, they woke up hearing the ringing of the calling bell. THE appellant, who was outside, asked P to open the door and threatened that he would break open the door. Soon, the appellant kicked opened the front door and entered the house. P and PW2 opened the back door and took to their heels. Seleing P running away from the house, the appellant chased her, caught hold of her, took her into the bed room. PW2 cried aloud and ran to the neighbouring house, wherein, PW3, then an Excise Inspector and his father were residing. Hearing the cry of PW2, PW3 and his father woke up and came out of the house. All the three entered the house and found that P was being raped by the appellant. When PW3 and father attempted to intercept, they were intimidated. THEy turned from their attempt. Later, the appellant went out. PW2 along with the victim went to the house of another neighbour, Vijayan, and telephoned to the police. PW5, a Head Constable attached to the Flying Squad, on getting phone call rushed to the house of P by about 00.30 hours. P stated to PW5 that the appellant committed rape on her after broke opening the house. PW5 took P to Nadakkavu Police Station wherein PW11 was the Sub Inspector of Police. After recording Ext.P2, First Information Statement, given by P, PW11 registered a case as Crime No.35/2005 for offence under Sections 448 and 376 IPC for which Ext.P2(a) FIR was prepared. Stating that the appellant had also committed offence under the provisions of the SC/ST (PA) Act, Ext.P8 report was filed. THE investigation was taken over by PW13, Assistant Commissioner of Police, Kozhikode North. He arrested the appellant on 21.1.2005 and sent for medical examination. THE victim was also sent for medical examination. PW13 went to the spot of occurrence and prepared Ext.P10 Mahazar, whereby, the nighty, underskirt and bed sheet, which were marked as MOs 1 to 3, were seized. MOs 1 to 3 were sent for chemical examination. After completing the investigation, the charge-sheet was laid by PW13 alleging offences under Sections 448 and 376 IPC and Section 3(2)(v) of the SC/ ST (PA) Act before the Judicial Magistrate of the First Class - IV, Kozhikode. Since the offence alleged is triable by Special Judge, the learned Magistrate committed the case to the court of Session, Kozhikode.

(3.) PW3 had deposed that he was working as an Excise Inspector and was staying along with his father in the neighbourhood of the victim and that at the small hours on 20.1.2005, they woke up hearing the crying of a lady. They switched on the light and came out. PW2, who was standing outside the gate, told that the victim was being assaulted by the appellant and requested for help. PW3 along with his father rushed to the house of the victim and found that the victim was being raped by the appellant and that the electric lights were switched on . When PW3 asked the appellant as to what he was doing, the appellant, who is familiar to him, intimidated PW3 with death. They got scared and went home.