MAJEED, S/O. ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION Petitioner was concurrently held guilty of the offences under Secs. 451 and 354 I.P.C. He was sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,000.00 for the offence under Sec. 354 I.P.C. and rigorous imprisonment for one year for the offence under under Sec. 451 I.P.C. This revision is directed against the said conviction and sentence passed against him.

(2.) P .W.2, the victim, aged about 30 years, is a physically challenged and mentally retarded woman. The incident took place at about 5.30 p.m. on 26-08-1997. At the time of the incident she was alone in her house. The accused used to visit that house to share chewing with the father of P.W.2. On 26-8-1997 at abut 5.30 p.m. he went to the house and asked P.W.2 for betel nuts . While she was proceeding to the room inside, the accused entered the room and closed the door . He forcibly pressed her and made her lie on a cot. He lifted her undergarments and lay upon her. The 'gummy fluid' which was spread on her body was removed by using the linen/lunki worn by the accused. Thereafter, P.W.2 went to the house of P.W.1 a neighbour. P.W1 is a school teacher. P.W.2 narrated the incident to P.W.1. P.W.1 in turn informed the other relatives of P.W.2. P.W.2 was at first taken to the local hospital and was thereafter taken to the Medical College Hospital. From there she was examined by P.W.12, a lady doctor. On the next day morning, P.W.1 went to the Police Station and lodged F.I. statement based on which the F.I.R. was registered by the police. P.W.2 was sent by the police to the lady doctor (P.W.12).

(3.) P .W.1 to 16 were examined and Exts. P1 to P11 were marked. MOs 1 to 3 were also identified and marked.