S.SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused in S.C.No.1624 of 2009 in the court of Sessions Judge, Kollam is the appellant as he is aggrieved by the judgment dated 28.9.2011 of the above court by which he is convicted and sentenced for the offences punishable under Sections 450,366 and 376 of I.P.C.

(2.) THE case of the prosecution is that PW1, the victim was a student of 9th Standard in the Maroor Government High School, who fell in love with the accused and one day in June,2007, the accused came to her house in his autorickshaw at noon while she was alone and making her to believe that they can live as husband and wife, the accused had sexual intercourse with her, who was a minor at that point of time. It is the further case of the prosecution that thereafter, on 11.7.2007, while she was on her way to school and when she reached in front of the house of Karthika, the accused came with an autorickshaw and took her therein stating that they are going to the house of his uncle at Achencovil and thereafter, went to the house of the accused at Vamanapuram, where the grandmother, brother and his sister-in-law were residing and he introduced her to them as his wife and resided there indulging in sex on the promise to marry her. Later on, she came to know that the accused has another wife. Subsequently, her mother and sister came there and she returned home along with them. Thus, on the basis of the information furnished by PW1, crime No.436 of 2007 was registered in the Pathanapuram Police Station for the offences punishable under Sections 366A, 450 and 376 of I.P.C. On completing the investigation, a report was filed for the offences punishable under Sections 450,366 and 376 of I.P.C. and on receiving such report, C.P.No.162 of 2009 was instituted in the Judicial First Class Magistrate Court-III, Punalur. Subsequently, by order dated 31.10.2009, the learned Magistrate committed the case to the Sessions Court wherein S.C.No.1624 of 2009 was instituted.

(3.) PW4, Dr.Anjana was the then Assistant Surgeon of Taluk Headquarters Hospital, Punalur, who issued Ext.P2 wound certificate after examination of PW1, the victim. PW5 Rajamma was the then Headmistress of the Government High School, Maroor where PW1 was studying at the relevant point of time and Ext.P3 extract of the admission register of the school with respect to PW1 was proved through PW5, which would show that the date of birth of the victim was and she was at the age of 14 years while she was studying there.