RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in Sessions Case No.548/2004, on the file of the Additional Assistant Sessions Judge, North Paravur. He was prosecuted by the Circle Inspector of Police, Vadakkekara Police Station, who was examined as PW18, alleging offences under Sections 366A and 376 IPC. The trial court, after full fledged trial, found the appellant guilty for the above offences. Consequently, he was convicted and sentenced to rigorous imprisonment for three years and seven years respectively. He was also directed to pay rupees one lakh as compensation to the victim, who was examined as PW2. In default to pay the compensation, the appellant was ordered to undergo simple imprisonment for a further period of two years. The substantive sentences were ordered to run consecutively. Assailing the above conviction and sentence, this appeal is preferred.

(2.) The prosecution case is that the appellant and PW2 are neighbours and as such well acquainted. PW2, who had no T.V. At her house, used to visit the house of the appellant for watching T.V. Though the appellant was married and having children was attracted to PW2. PW2, who was born on 13.5.1987, was made believe that the appellant would marry her. On 17.8.2002 at 8 p.m., while the wife and children of the appellant were away, PW2 was called to the house of the appellant and she was hidden inside the house. PWs 3 and 4, the father and mother of PW2, noticing that PW2 was missing from the house, made search in and around including an enquiry to the appellant. The appellant wilfully suppressed the fact that PW2 was inside the house and stated to PW3 that she had not reached there. At about 11 p.m., when the street was almost deserted, PW2 was taken to Chittattukara on a bicycle and from there to North Paravur by walking. From North Paravur they fetched a truck and reached Guruvayoor at the early hours of 18.8.2008. The appellant took a room in Remanika Reagency Lodge, wherein PW16 was the receptionist. After bath and changing dress, they went to the temple. The appellant tied a 'Thally' and a ceremony of marriage was performed in front of the temple. Then they returned to the lodge. Had intercourse and stayed there. Next day, they left the lodge and took room in Sree Ramakrishna Lodge, wherein PW17 was the receptionist. On that day, they resided there and had intercourse.

(3.) On 18.8.2002, having failed to find out PW2, PW3 lodged a complaint before the Station House Officer, Vadakkekara Police Station. PW12, a Head Constable attached to the Police Station, recorded Ext.P1 First Information Statement given by PW3 and registered a case as Crime No.218/2002 for man missing for which, Ext.P9 First Information Report was prepared. On 20.8.2002, the appellant and PW2 returned and PW2 was sent home by the appellant. PW3 informed the arrival of PW2 to PW14, the Sub Inspector, who summoned and recorded the statement of PW2 and on finding that offences under Section 366A and 376 IPC was committed by the appellant, Ext.P11 report was filed before the Magistrate concerned reporting that the case was being investigated for the above said offences. The investigation was later taken over by PW18. PW18 recorded the statement of the witnesses including PW2. PW2 was referred to Government Hospital, North Paravur, wherein PW7 and 8 were Medical Officers. PW7, after examining PW2 issued Ext.P3 certificate. The appellant was arrested and he was also referred to the same hospital. PW8 examined the appellant. Potency test was also conducted and issued Ext.P4 certificate. The extract of the school admission register and Death and Birth Register maintained by the Municipality were collected. Cloths and other material were seized. After completing the investigation, PW18 submitted the charge sheet before the Judicial Magistrate of the 1st Class, North Paravur, alleging the earlier mentioned offences. During investigation, appellant was released on bail.