JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED Chanda Pillai Joseph has been convicted for an offence under S. 376 IPC. , for having committed rape on a young girl aged 18 from near a culvert on the main Alleppey-Changanacherry public road on the afternoon of 6-10-1960.

(2.) PW. 1 the victim is the daughter of P w. 7 who is a mazdoor. On 6-10-60 at about 3 p. m she was returning home after having taken food to her father. While passing along the road, the accused and PW. 13 were going ahead of her. As she almost neared them, PW 13 left the place. When she reached near the accused he suddenly caught hold of her. She cried aloud and tried to escape from his clutches The accused threatened her that she would be killed if she shouted He forced her down by the side of a metal heap on the road and committed rape on her.

(3.) PW. 1 proceeded westwards and met her father near the Thekkekara bridge. She told him what had happened and pointed out the accused who was then proceeding on the road eastwards. Her father followed the accused. The accused was seen getting into PW. 10's house and he also went there. A little later PW. 1 also reached the house.