C ARUN Vs. STATE OF KERALA

JUDGEMENT

(1.) TWELVE persons were sought to be prosecuted for the offences punishable under Sections 366A, 376 (2)(g), 511 of 376, 109 and 120B of the Indian Penal Code. Among them, the second accused absconded and eleven accused were available for trial. The first accused, who is the appellant in Crl.Appeal No.134 of 2010, was found guilty of the offence punishable under Sections 366A, 376 and 120B I.P.C. and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default of payment of which, to suffer rigorous imprisonment for three years for the offence punishable under Section 366A I.P.C. He was sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000/-, in default of payment of which, to suffer rigorous imprisonment for a further period of three years for the offence under Section 376 I.P.C. and he was also sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.10,000/-, in default of payment of which, to undergo rigorous imprisonment for two years for the offence under Section 120B I.P.C. Accused No.3, who is the appellant in Crl.Appeal No.918 of 2009, accused No.4, who is the appellant in Crl.Appeal No.886 of 2009, accused No.5, who is the appellant in Crl.Appeal No.893 of 2009, accused Nos. 6 and 10, who are the appellants in Crl.Appeal No.881 of 2009, accused No.7, who is the appellant in Crl.Appeal No.930 of 2009, accused No.8, who is the appellant in Crl.Appeal No.885 of 2009 and accused No.9, who is the appellant in Crl.Appeal No.925 of 2009 were found guilty of the offence punishable under Section 376 I.P.C. and each of them was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.5,000/- each, and in default of payment of which, each of them had to undergo rigorous imprisonment for a further period of one year. Accused No.11, who is the appellant in Crl.Appeal No. 899 of 2009, though was tried for the offence punishable under Section 511 of S.376 was found guilty of the offence under Section 354 I.P.C. and was convicted for the said offence and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default of payment of which, to suffer rigorous imprisonment for a further period of one year. Accused No.12, who is the appellant in Crl.Appeal No.1952 of 2009, was charged with the offence punishable under Sections 109 and 120B I.P.C. and was found guilty on both counts and therefore convicted and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for a further period of six months for the offence under Section 109 I.P.C. and was also sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/-, in default of payment of which, to undergo rigorous imprisonment for six months for the offence punishable under Section 120B I.P.C. Set off was allowed as per law. It was directed that if the fine amounts are realised, the entire amount shall be paid to P.W.1 as compensation. Substantive sentences were directed to run concurrently. The case against second accused was split up and re-filed.

(2.) .This case reveals the story of a sordid and depraved father molesting his daughter aged less than 16 years and compelling her for prostitution landing her in sheer despondency causing considerable trauma, dejection and aversion to both the girl and her mother. Accused No.1 is the father, P.W.1 is the unfortunate daughter and P.W.4 is the despondent mother.

(3.) A shattered and crest fallen P.W.4 took P.W.1 to Mattannoor Police Station and P.W.1 lodged Ext.P1 First Information Statement on 7.7.2008. P.W.34, Sub Inspector of Police, recorded Ext.P1 and registered Crime No.400 of 2008 at 23.30 hours as per Ext.P1(a) FIR for offences punishable under Sections 366A, 376 and 376(2)(g) as against nine persons whose names were disclosed by P.W.1. He then had P.W.1 sent for medical examination at the District Hospital, Kannur. P.W.2, Dr.Thankamani, attached to the District Hospital examined P.W.1 and furnished Ext.P3 certificate. She collected vaginal smear, vaginal swab and pubic hair and Ext.P4 is the report. Investigation was taken over by P.W.35. As authorised by P.W.35, P.W.34 prepared Ext.P9 and P10 mahazars in relation to room Nos.101 and 104 of Thai Resort where the ravishing of P.W.1 is stated to have taken place. He recorded statements of a few witnesses. As directed by P.W.35, P.W.34 arrested accused No.8 on 10.7.2008 as per Ext.P59 arrest memo. On 11.7.2008 as directed by P.W.35, P.W.34 went to Sidhartha lodge at Mangalore. He prepared Ext.P40 scene mahazar of room No.308 where accused No.7 and P.W.1 had stayed on 6.7.2008 and he recorded the statements of P.Ws.23 and 24. He seized Ext.P41 register of the lodge as per Ext.P42 mahazar.