BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C. No.195/2008 on the file of the Special Court for trial of cases under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (for short SC/ST (PA) Act'), is the appellant herein. The offences alleged are under Sections 376 and 417 I.P.C. and Sections 3(1)(xi) and (xii) and 3(2) of the SC/ST (PA) Act.

(2.) THE Court below found the accused guilty under Sections 376 and 417 I.P.C. and Section 3(2)(v) of SC/ST (PA) Act and it was found that he is not guilty under Sections 3(1)(xi) and (xii) of the same Act. The sentences awarded are the following: To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of three months for the offence punishable under Section 417 I.P.C., rigorous imprisonment for a period of ten years and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of two years for the offence under Section 376 I.P.C., and to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of two years for the offence punishable under Section 3(2)(v) of the SC/ST (PA) Act.

(3.) THE case arose out of a private complaint filed by the prosecutrix who has been examined as P.W.6, as C.M.P.No.688/2007 before the Judicial First Class Magistrate's Court, Perambra. Therein, the offence alleged is under Sections 376 and 417 I.P.C. The said Court, by invoking Section 156(3) of the Cr.P.C. forwarded the complaint to the Perambra Police Station and accordingly a crime was registered and investigated upon. The case was charge sheeted by P.W.21, Deputy Superintendent of Police, Badagara. P.W.19 investigated the case initially.