RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.188 of 2016 on the files of the First Additional Sessions Court, Kollam has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The indictment in the case is that on 06.10.2015, at about 4 pm, the accused, with the intention of having sexual intercourse with the victim lady who is suffering from mental retardation, trespassed into her residential property and committed sexual intercourse with her, and thereby committed the offences punishable under Sections 450 and 376 of the Indian Penal Code (the IPC ).

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 7 witnesses as PW1 to PW7 and proved 13 documents through them as Exts.P1 to P13. The witnesses examined on the side of the prosecution have also identified the material objects in the case namely MO1 to MO4. Among the witnesses examined on the side of the prosecution, PW1 is the elder sister of the victim lady, PW2 is the doctor who examined the victim lady on the date of the alleged occurrence, PW6 is the police official who registered the First Information Report and PW7 is the investigating officer in the case. Among the documents proved, Ext.P1 is the First Information Statement given by PW1 and Ext.P2 is the report of the medical examination of the victim lady issued by PW2.