PRABHA ALIAS SWAYAMPRABHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Five accused persons were charged under S.363,367,368,376 and 114 read with S.34 I.P.C. Learned First Additional Sessions Judge, Thiruvananthapuram found accused 1 to 3 guilty of the offences punishable under S.363 and 376 I.P.C. and convicted them thereunder. First accused was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- in default to undergo rigorous imprisonment for two years under S.376 I.P.C. He (first accused) was also sentenced to undergo rigorous imprisonment for seven years under S.363I.P.C. Second and third accused each were sentenced to undergo rigorous imprisonment for seven years under S.376 I.P.C and to undergo rigorous imprisonment for three years under S.363 I.P.C. The sentence were directed to run concurrently. Accused 4 and 5 were found not guilty and they were acquitted. Set off was allowed to the said convicted accused persons. In these appeals accused 1 to 3 challenge the said conviction and the sentences awarded to them.

(2.) Crl. Appeal 143 of 1983 is by the 3rd accused, Crl.Appeal 164 of 1989 is by the 1st accused and Crl.Appeal 232 of 1989 is by the 2nd accused.

(3.) PW-6, Rejitha aged 16 years and 9 months was a second year Pre Degree student in Sagar Parallel College at Varkala. She used to board the bus for the college from the bus stop at Villikadavu situated near the shops of PWs. 3 and 4. On 6-10-1987 at about 9 a.m. while she was waiting for bus along with P. W.2, a friend of her at about 9.15 a.m., first accused came in an Ambassador Car KLK 5068 driven by second accused, stopped it in front of the bus stop and the first accused caught Rejitha (PW-6) by hand and forced her into the car. She screamed and protested, but she was confined in the car by him (1st accused) when the 2nd accused sped away the car. Her leg was protruding outside which was pushed in by the 1st accused. While she was being forced into the car by the 1st accused, her M.O.1 lunch box, M.O.2 series and M.O.3 books fell on the road and were scattered. On the way on seeing P W-5, she clamoured for help and asked 2nd accused to stop the car; but the 2nd accused drove away the car to Deva Bhavanam belonging to 3rd accused at a place in Edamulakkal Village situated about 30 Kms. away from Villikadavu. On reaching there, she pleaded with the 3rd accused for help and told her that she (PW-6) was forcibly taken against her will by the 1st accused. But instead of rendering any help to her, 3rd accused demanded her to come out, and dragged her to a room in the first floor of her (3rd accused's) house.