PREETHI @ RAJESH Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The accused, who was prosecuted for the offence punishable under Section 376 of Indian Penal Code was found guilty of the same and consequently he was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One Lakh with a default sentence of three years. It was also directed that if the fine amount was realised, the same should be paid as compensation to P.W.3. Set off as per law was allowed.

(2.) P.W.3 is the victim in this case and P.W.4 is her father. P.W.3 and the accused are related to each other and they were acquainted with each other right from their childhood. As they grew up, the acquaintance got transformed into a love affair. The allegation is that after her SSLC examination she was subjected to sexual intercourse on the promise of marriage. Thereafter they had sex on several subsequent occasions, during the time her father used to go to attend to the mother who was in the hospital for treatment. It so happened that P.W.3 conceived and the matter was informed to the accused. It is alleged that the matter was informed to the members of the family and a marriage ceremony was conducted and that an agreement was also entered into between the parties. Later on, P.W.3, the victim, delivered a child and proceedings were initiated before the family court also. Alleging the offence a private complaint was laid before the JFCM court, which was forwarded for investigation under Section 156(3) of the Code of Criminal Procedure. On getting the complaint, P.W.7, the Sub Inspector of Police registered crime as per Ext.P7 FIR. Complaint is marked as Ext.P2. P.W.8 took over investigation. He recorded the statements of witnesses, arrested the accused and had him subjected to potency test. He had P.W.3 also subjected to medical examination and obtained the necessary certificate. After completing the investigation, he laid charge before court.

(3.) The court, before which charge was laid, took cognizance of the offence and finding that the offence is exclusively triable by a court of Sessions, committed the case to Sessions Court, Manjeri under Section 209 Cr.P.C. The said court made over the case to Additional Sessions Court Fast Track No.I (Ad Hoc), Manjeri for trial and disposal.