SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are accused Nos.1 and 2 in S.C.No. 64 of 2014 of the Additional Sessions Court (For the trial of cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam. The third accused expired pending trial. The present appeal has been preferred by accused 1 and 2 under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .') challenging the impugned judgment dated 16.7.2015 passed by the trial court whereby the first accused was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- under Section 376(1) I.P.C., in default, to undergo rigorous imprisonment for another two months. He was also sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for one month for the offence punishable under Section 23 of the Juvenile Justice (Care and Protection of Children) Act , 2000. The second accused was found guilty for the offence punishable under Section 23 of the Juvenile Justice (Care and Protection of Children) Act , 2000. However, the trial court released the second accused under Section 3 of the Probation of Offenders Act, after due admonition.

(2.) The brief facts of the prosecution case are that PW2 is none other than the daughter of the first accused and the second accused. The name of the victim (prosecutrix) is not being disclosed in this judgment to preserve the victim's anonymity. The victim is being shown as PW2. The first accused, with an intention of committing rape of PW2, his own minor daughter aged 13 years, had sexual intercourse with her for a period of one year commencing from October, 2004 at the south-eastern bedroom of their house having Building No.XIII/292 of Keezhmadu Panchayath situated at Elizabath Park Colony, Keezhmadu kara in Aluva East Village. According to her, her father committed rape on her and consequently, she became pregnant and delivered a baby boy on 21.6.2006. After delivery, accused Nos. 1 and 2 abandoned her baby. Third accused was the grandmother of PW2. She died pending proceedings. PW2's mother and grandmother (mother of the first accused) suppressed the rape committed by the first accused solely for the purpose of protecting the first accused. She hated her parents and would like to see that her parents are punished severely for the illegalities committed by them.

(3.) PW13 -the Sub Inspector of Aluva East Police Station registered Ext.P10 FIR on the strength of Ext.P1 report from PW1, the Senior C.P.O of District Juvenile Police Unit, Aluva. PW14 the Circle Inspector of Police, Aluva conducted investigation in this case. He recorded the statement of PW2 in the presence of a woman Sub Inspector and referred PW2 for medical examination. Thereafter, he went to the scene of occurrence and prepared Ext.P3 scene mahazar in which PW4 is a signatory. On the same day at about 6.30 p.m. he had arrested the first and second accused as per Exts.P11 and P12 series. The first accused was subjected to potency test. PW13 had seized documents from the Nirmala Child Home where PW2 was accommodated before her delivery and obtained her treatment summary in connection with her delivery from the Medical Trust Hospital, Ernakulam. The registers taken from the child home had been given back by Ext.P2 kaichit. He had obtained a certificate from the school where PW2 had studied. He had arrested the third accused on 10.10.2013 as per Exts.P14 and P15 respectively. PW13 questioned the witnesses, recorded their statements, completed the investigation and filed the final report before court.