BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence against the appellant, who is the accused, in S.C.No.380/2014 on the file of the Additional Sessions Court, Vadakara. By judgment dated 20.1.2016, the learned Additional Sessions Judge, Vadakara convicted and sentenced the accused to undergo imprisonment for life under Section 302 of IPC and also to pay a fine of Rs.50,000/- in default to undergo rigorous imprisonment for one year. Further, the appellant was convicted and sentenced to undergo rigorous imprisonment for 10 years under Section 392 of IPC and also to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for six months more. The above sentences were ordered to run concurrently. Set off was allowed as provided under Section 428 of Cr.P.C. The appellant was acquitted for the offence punishable under Section 376 of IPC.

(2.) The prosecution case in brief is as hereunder:- Leelimol, a spinster, aged 31 years, was residing at Kunduthode along with her mother, brothers and sisters. PW17-Thomas was a wholesale trader of artificial flowers unit near to her house at Kayakkodi. Leelimol was working as a worker in the said unit. She used to leave home for work at 7.30 am everyday and used to come back home at 6 pm. While so, she fell in love with the accused who hails from Wayanadu. As usual, on 08.07.2009 she left the home for work in the morning. However, she did not return. At about 7 pm., PW2- Lalamon, who is one of the brothers of Leelimol, received a telephone call from the accused informing that Leelimol was safely with him. Just two days prior to 08.07.2009, the accused came to Leelimol's house and told PW2 that he came to the house as he did not receive any call from Leelimol. PW2 was aware that Leelimol was in love with the accused. Hence PW2 collected the family details of the accused whereupon the accused informed that he is a native of Payyampally and his father-Joseph is an agriculturist and mother-Mary is a Teacher. When PW2 enquired about the details of the accused, he came to know that the accused furnished false information to him to mislead him. Under the circumstances, PW2 lodged Ext.P2-complaint before the police under the caption 'man missing' on 22.7.2009. Subsequently, on 06.10.2009 at about 8 am, PW2 saw the accused near the KSRTC bus stand, Thottilpalam and immediately he went to the police station and informed the matter. The police came and took the accused to the police station. On being questioned, it was disclosed that the accused took Leelimol to the forest area at Peruvannamuzhy owned by the Irrigation Department and had sexual intercourse with her. It was also disclosed that there was an altercation between the accused and Leelimol when Leelimol happened to know that the accused had already married and was the father of two children. Thus, the accused became violent, covered her mouth with his hands, encircled the neck with her churidar and pressed her neck with the branches of a tree and committed rape on her. Thereafter, he tightened her neck with a plastic rope and suspended her body on the tree with an intention to kill her. After killing her, he robbed her gold ornaments weighing 4 1/2 sovereigns.

(3.) Pursuant to Ext.P2 statement lodged by PW2, PW36 conducted investigation in this case. On 06.10.2009, he received reliable information that the accused was present at the bus stand. Accordingly, he proceeded to the spot and arrested the accused in accordance with law. On being questioned in police custody, the accused confessed by way of Ext.P25 that the place where the dead body of the victim had been left would be shown, if he was taken to the place. As led by the accused, PW36 proceeded to the place and when they reached the forest area owned by the Kuttiadi Irrigation Department, the accused pointed out a skull of a human being and other articles. PW36 prepared Ext.P3 mahazar noting the description of the articles found at the place. He had not seized any of the above said material objects as the articles required to be examined by the forensic experts. He had made an arrangement for guarding the scene of occurrence. Thereafter, he brought back the accused to the police station and filed Ext.P26 report adding Sections 376 and 302 of IPC. Subsequently investigation was taken over by PW37-the Circle Inspector of Police on 06.10.2009. During investigation, it was disclosed that the accused robbed away the gold ornaments belonging to the deceased. Hence PW37 submitted Ext.P30 report before court seeking police custody and police custody was obtained. On being questioned, the accused confessed. On the basis of the confession, Section 392 of IPC was also incorporated.