JAGADEESH KUMAR @ JAGADEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in S.C.No.164/1995 before the Assistant Sessions Court, Neyyattinkara who has suffered conviction for the offences punishable under Sections 366A and 354 read with Section 34 of Indian Penal Code and who was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.10,000/- for the offence under Section 366A IPC and also to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/- for the offence under Section 354 read with Section 34 IPC is the revision petitioner before this Court. Default sentences were also awarded by the trial court. The sentences were directed to run concurrently.

(2.) Pw2 is the victim and PW1 is her mother. The 1st accused is a Doctor and the 2nd accused was Nurse in his Clinic. PW1 the de facto complainant was staying with three daughters and a son, and her husband was employed abroad. The eldest among them is PW2. She was at the relevant time was studying in 10th standard. As PW2 complained of chest pain in the month of July, she was taken to hospital and was admitted there and treated by the 1st accused. They gained acquaintance with the 2nd accused who was working as Nurse in the said clinic. As per the allegations, even after PW2 had left the hospital, the 2nd accused used to come to their house and take the victim to the hospital quite often. It is also alleged that PW2 had complained about the indecent behaviour of the 1st accused. Thereafter, according to PW1, she had instructed PW2 not to go to the hospital. On 02.09.1994, it is alleged that the 2nd accused came to the house of PW1 and insisted that PW2 should go along with her. PW1 replied that it was difficult for her to sent PW2 along with her and she said she would find it extremely difficult to put up with the members of the family if they came to know about the same. The 2nd accused is said to have replied that she was taking PW2 to her house and she will take care of her. On 03.09.1994, as usual, PW2 went to school. A few minutes thereafter the 1st accused along with another Nurse came to the house and enquired about PW2. They were informed that she had gone to school. Surprisingly enough it is stated that the 2nd accused got inside the house and took few clothes belonging to PW2 and said that PW2 was going along with her to her house. At about 2 p.m on the said day, the niece of PW1 brought books of PW2 home and said PW1 that two Nurses had taken PW2 in a car.

(3.) On 05.09.1994 at about 8.30 a.m, PW2 and the 2nd accused returned home. On enquiry, PW1 was told that on Saturday she was taken from the school in a car and was taken to bus stand at Vizhinjam from there they went to Trivandrum. They went for a movie. It is alleged that the 1st accused joined them in the theatre. From there she was taken to Ernakulam and it is alleged that there was an attempt by the 1st accused to commit rape on PW2. When PW1 was told about what had transpired between 03.09.1994 and 05.09.1994, she laid Ext.P1 First Information Statement. The statement given by PW1 was recorded by PW14 who took over the investigation. He had PW2 examined by PW10 doctor and obtained Exts.P5 and P6 certificates. Ext.P6 certificate is relating to the age of the victim. He had obtained Ext.P8 extract of the School register from PW12 to establish the age of the victim. He recorded the statement of witnesses, prepared the scene mahazar, completed the investigation and laid charge before the court.