HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) COUNSEL for the petitioners is absent. Therefore, I am constrained to decide this case, after hearing the Public Prosecutor and perusing the Judgments and records of the lower courts.

(2.) THE petitioners in this Revision Petition are the accused Nos.2 and 3 in Session's Case No. 16/1997 before the Sessions Court Kozhikode Division.

(3.) PW 2, Sara, aged 15 years and 5 months was employed as a maid servant in the house of PW1 at Nadapuram from May 1995, on a monthly salary of Rs.600.00, to look after the children of PW1. PW1's wife was in an advanced stage of pregnancy. On 20.7.1995, PW1's wife was admitted to Unity Health Center, Tellichery, for delivery and at that time PW1's mother-in-law also came to the house of PW1 to look after PW1's younger children. On 6.6.1995 at 3 p.m, the accused in further of their common intention of seducing PW12 for illicit sexual intercourse, induced PW12 to leave the house of PW1 making her believe that she will be accommodated as maid servant in another house on a better salary and took PW12, in an Autorikshaw bearing Registration No. KL-11 C 0477 driven by the 1st accused Ismail, to the house of PW3 Mariam at Iyyamkode and on the next day, namely 7.6.95, at about 10 a.m., accused No. 1 to 3 took PW12 in the same Autorikshaw to a room in a house building under construction, at Valayannnur Amsom, from where accused No.1 forcibly removed her dress and accused Nos.1 and 2 committed rape on PW12 one after other, Accused No.3 with intend to outrage her modesty touched her private parts and fondled her breast and after the incident at about 1 p.m on the same day they took PW12 in the same autorikshaw to Thottathil Palam bus stand, from where PW12 boarded a bus to her house at Wayand on the same day at 6 p.m. PW12 narrated the incidents to her mother and the next day morning, she, accompanied by her father, went to the Nadapuram Police Station and narrated the incident to the Police, which was recorded by PW18 A.S.I of Nadapuram Police Station at 2.30pm on 9.6.1995. On the basis of the said statement, a crime was registered under Sections 366(A), 354, 376 read with Section 34 of the Indian Penal Code, on the basis of which, charge sheet was laid against the accused. The first accused was absconding. Therefore, the case was proceeded against accused Nos.2 and 3.