MUHAMMED ABDUL RAHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.505 of 2015 on the files of the Additional Sessions Court, Ernakulam has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The indictment in the case is that the accused, who is a married man having children, abducted the victim lady aged 33 years who is suffering from mental retardation, with the intention of seducing her to illicit intercourse and had sexual intercourse with her on several occasions under threat. The offences alleged are the offences punishable under Sections 366, 376(2)(l), 376(2)(n) and 506(i) of the Indian Penal Code (the IPC).

(3.) On the accused denying the charges levelled against him, the prosecution examined 22 witnesses as PW1 to PW22 on its side and proved through them 24 documents as Exts.P1 to P24. Among the witnesses examined, PW1 is the victim lady, PW2 is the autorickshaw driver who dropped the victim lady on 18.07.2014 at Ernakulam North Railway Station, PW3 is a friend of the accused, PW4 is the Manager of Sanghamam lodge, Kannur, PW6 is the Manager of the PVM Tourist Home, Iritty, PW7 is an ex-employee of Sanghamam lodge, Kannur, PW8 is the room boy of PVM Tourist Home, Iritty, PW9 is the husband of the victim lady, PW10 is a friend of the husband of the victim lady, PW13 is a friend of the accused, PW14 is the person who purchased a gold chain from the accused, PW16 is the father of the victim lady, PW18 is the police official who conducted part of the investigation in the case, PW22 is the doctor who examined the victim lady on 31.07.2014 and PW23 is a member of the District Medical Board, Ernakulam. Among the documents proved, Ext.P25 is the disability certificate issued to the victim lady by the District Medical Board, Ernakulam.