MANOJ A.K Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as the Act, canvassing the correctness of the order dated 30.12.2020 of the Sessions Judge, Ernakulam, who is the Special Judge for the trial of cases under the Act, whereby a petition filed by the appellant under Section 439 of the Code of Criminal Procedure Code was dismissed.

(2.) The appellant is the second accused in Crime No. 1060/2020 of Puthencruz Police Station, which was registered alleging offences punishable under Sections 323, 324, 326, 354, 354B, 376(1), 307 and 114 of the Indian Penal Code and Section 3(2)(v) of the Act. The alleged incident had occurred on 02.08.2020, at 11.10 a.m. The victim is a 75 year old lady belonging to Scheduled Caste community. The place of occurrence is the residence of accused 2 and 3. The second accused/appellant is the son of the third accused. The precise allegation is that the third accused enticed the septuagenarian lady to her house, where the first accused committed rape on her. That is the first part of the crime. It is alleged that when the appellant reached home, he found the victim lying on a cot in a room; seeing her, he unleashed an attack on her with a kitchen knife causing her very serious injuries; knife attacks were inflicted even on the vagina of the victim, consequently she suffered serious injuries and had to be in hospital for 32 days, sustaining 24 injuries.

(3.) The crime was registered on the basis on the First Information Statement given by the daughter of the victim. All the accused were arrested on 04.08.2020 and since then, the appellant is in judicial custody.