AHAMAD PILLAI SAITHU MUHAMMAD Vs. STATE

JUDGEMENT

(1.) ACCUSED 1,6 and 2 are the applts. Accused 1 and 2 were convicted under Sections 376, 453, 609 (ii) and 341, T. P. C. and sentenced to rigorous imprisonment for five years, under Section 376, rigorous imprisonment for 6 months under Section 453 and another 6 months' rigorous imprisonment under Section 509 (ii ). They were also given a sentence of simple imprisonment for one month for the offence under Section 341, T. P. C. Accused 6 was convicted under Section 453, 509 (ii) and 341, T. P. C. and sentenced to rigorous imprisonment,, for 6 months under Section 453, another 6 months under Section 509 (ii) and simple imprisonment for one month under Section 341, T. P. C. The sentences were directed to run consecutively. In convicting accused l and 2 under Section 509 (ii), and 341, Section 28, T. P. C. was also applied. Accused 3 to 5 were acquitted and set at liberty.

(2.) THE prosecution case was follows: P. W. 1 who was a young girl of 19 had been married to P. W. 2 a goldsmith on 20 7-1124. After marriage they were living as husband and wife in a building in Netttayam in Vattiyoor Kavu. P. W. 2 was engaged in the business of making ornaments in gold and silver and for this purpose he had taken on rent a portion of the building where they were living. The building itself belonged to P. W. 5 who was occupying another portion of the same building and conducting a tailor shop. It was stated that at about 9 P. M. on 17-8. 1124 all these accused 1 to 6 formed themselves into an unlawful assembly with the common object of committing rape on P. W. l. With this object in view accused 5 went in advance and called P. W. 2 who was inside the house after closing the front entrance. He came out after removing the shutter planks in front and engaged himself in a conversation with accused 5 who wanted to have a necklace made for him. While be accused 6 came there with a torch light, caught hold of P. W. 2 and kept him there threatening injury by showing a dagger or Bichua M. O. 1 against him. Accused l then got into the house, caught hold of P. W. 1 and took her out forcibly. Accused a joined him then and both of them carried her away by force towards the south for some distance and then towards the west by a lane to a shed marked F in ex, N plan. This was about 8 furlongs away from the residence of P. Ws. 1 and 2 Accused 3 to 5 were stated to have joined accused 1 and 2. Inside the shed P. W. 1 was laid on her back. Accused l disrobed her and when she cried out accused a thrust a piece of cloth into her mouth. Accused 1 was then stated to have sexual intercourse with her without her consent and against her will. Accsed 2 to 6 were afterwards stated to have in their turn committed rape on bar. In the meanwhile P. W. 3 came to the spot where P. W. 2 was kept under wrongful restraint by accused 6 and ascertained from them that P. W. 1 was carried away by accused 1 and 2, He traced them out in the shed. He brought P. W. 1 back to her house at about midnight. She was then run down and exhausted. Then accused 6 again threatened P. W. 9 that if they continued to live at the place they would meet with more danger. On the advice of P. Ws. 3 and 4, P. Ws. 1 and 2 left the place the very same night. They came to a house near Gandhari Amman Koil Street in the Trivandrum City and spent the whole of the 13th there. On the 19th they proceeded to P. W. 1's father's house in Vanchiyoor and spent three days there. Later on they proceeded to Chackai and took up abode in the house of one Velu Pillai a Band Master in the military. They had not revealed the incident out of shame. But the Poojappura Police got scent of these happenings at Nattayam two or three days afterwards. They were making enquiries about the whereabouts of P. Ws. 1 and 2. P. W. 1 and 2 came to know of such enquiry started by the Police and on the advice of Valu Pillai and others they went to the Aoojappurai Police station on the evening of 25th Meenom 1124 where P. W. 1 gave Ex. a statement. With the help of a lady P. W. 9 living in the neighbourhood of the Police Station a mahazar Ex. A (1) as to the condition of P. W. 1's private parts was prepared. The next morning P. W. 1 was sent to the women and children's Hospital, Thucaud for elimination and treatment. P. W. 12, the Resident Medical Officer examined her and gave Ex. K certificate. P. W. 1 was treated as an out-patient. The police thereafter, started the investigation and laid the charge against accused 1 to 6 under Sections 140, 509 (ii), 841, 463 and 376 read with Section 28, T. P. C. All the six persons were committed to stand their trial before the Ses. Ct. The Addl. Ses. J. Trivandrum, tried these accused and acquitted accused 3 to 5 as the evidence against them was not sufficient to being home the guilt to them and convicted accused 1, 2 and 6 as mentioned above.

(3.) THE plea of the applts. in the lower Ct. as well as here was that they were not guilty. (After discussion of the evidence the judgment proceeds:) The evidence mentioned above would clearly indicate that P. W. 2 was being kept under wrongful restraint by accused 6.