ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant stands convicted of offences under S.342,506,376 and 307 I.P.C .,on a charge that at or about 2 p.m.on 21st April 1990,he wrongfully confined PW.1 in a bath room,intimidated her,committed rape on her and attempted to murder her by putting her in a well.Under the first count,he was sentenced to rigorous imprisonment for three months,under the second to imprisonment for two years,under the third to imprisonment for nine years,and under the last to imprisonment for four years.Appellant challenges the conviction,as unsupported by reliable legal evidence.

(2.) PW .1,aged around sixteen was working as a maid -servant in the house of one Ganga sister of appellant.While Ganga was away,it is said that appellant approached PW.1,clasped her hands and entreated her 'to give herself to him ' ;.She repelled his overtures,and went her way.In a short while,Ganga came and PW.1 addressed here self to her daily chores.While she was drawing water from a well standing inside a bath room,it is said that the appellant entered the room,bolted the doors from inside and intimidated PW.1,stating that he would do away with her,if she did not yield to him.She states that dumb with fear,she took off her skirt and blouse.Appellant made her lay down and effected penetration and she cried out in pain.Unabated appellant adhered to his design and after a while when done with,PW.1,threatened the appellant that she will divulge his doings to his sister,Ganga.Appellant flew into a rage,lifted PW.1 and put her in the well.When she raised a hue and cry,PWs.2,4 and others came to the well,found her,rescued her and took her to the hospital in the charge of PW.7.PW.7(Dr.Mohandas)made an external examination and sent Ext.P -6 intimation,to the police.Later,for a gynaecological examination,she was sent to PW.8 Doctor,who issued Ext.P -7 wound certificate.Acting on Ext.P -6.intimation,PW.11 registered Ext.P -l(a)first information report,and PW.12 - Circle Inspector of Police,conducted the investigation.In due course,a charge sheet was filed.This,in brief is the prosecution case.

(3.) ACCEPTING the prosecution evidence,the court below found the charge.PW.1 speaks to the case as noticed hereinbefore.PWs.2 and 4 would say that when they went near the well attracted by the cries of PW.1,they saw her inside the well,that she was rescued with the help of a rope,and taken to the hospital.PW.4 would add that when he saw her,she had only a chemise,and that she wore a blouse only after reaching the hospital,whether she was taken in an unconscious state.PWs.3 and 4 would also say that after gaining consciousness from the hospital,PW.1 stated that she was raped by the appellant.Ext.P -12 certificate of chemical examination would reveal that the chemise worn by PW.1 at the material time,was found stained with seminal plasma.