SALEEM C H Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused who was prosecuted for the offences punishable under Sections 511 of 376 and 354 of Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was found guilty on all counts. He was therefore convicted for the said offences and sentenced to suffer rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for one year under Section 511 of 376 IPC and also to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- with default clause of rigorous imprisonment for three months under Section 354 IPC. He was further sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- with default clause of rigorous imprisonment for two months under Section 3(1)(xi) of SC/ST (PA) Act. It was also directed that if the fine amounts were realised, a sum of Rs.4,000/- shall be paid to the victim as compensation. The substantive sentences were directed to run concurrently and set off as per law was allowed.

(2.) The incident in this case is alleged to have taken place on 01.07.2007. PW1 is the victim and PW3 is her father. On the date of the incident at about 2.45 p.m, PW1, the victim was on her way to her grandmother's house. On the way, she happened to see the accused who asked her where she was going. She replied that she was going to her grandmother's house. She proceeded further and then it is alleged that the accused caught hold of her from behind and thereafter threw her into a channel by the side of the road. He went on top of her and pressed her breasts and had torn her dress. When she cried aloud, the accused got up from her body and then she returned home. In the evening, when her mother returned home after work, she conveyed the information to her mother who conveyed the same to her father. On the next day, Ext.P1 First Information Statement was laid by PW1 while she was undergoing treatment in the hospital.

(3.) PW10, the Sub Inspector of Police, recorded Ext.P1 First Information Statement and based on the same, he registered a crime as per Ext.P9 First Information Report. Investigation was taken over by PW11. He prepared Ext.P2 scene mahazar and had PW1 sent for medical examination. She was examined by PWs 4 and 5 who issued Exts.P3 and P4 certificates. He recorded the statement of witnesses and seized the clothes said to have been worn by the victim at the relevant time which are marked as M.O.s 1 and 2. After having the accused arrested, he completed the investigation and laid charge before court.