REJIMON @ KUTTAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 447, 376 and 506(I) of Indian Penal Code. After trial, he was found guilty of the offences under Sections 376 and 447 of IPC and was acquitted of the offence under Section 506(I) IPC. The accused was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,00,000/- with default clause of rigorous imprisonment for one year under Section 376 IPC and was also sentenced to undergo rigorous imprisonment for three months under Section 447 IPC. The substantive sentences were directed to run concurrently. It was also directed that if the fine amount was realised, the same shall be paid to PW2 as compensation. Set off as per law was allowed.

(2.) PW2 is the victim in this case. She is a mentally retarded lady. The incident is said to have taken place on a day in January 2004. According to the allegations, on that day, the victim had gone to collect latex from the rubber plantations and while she was doing so, she was ravished by the accused. She missed her menstrual cycle which was noticed by PW1, her mother and she was questioned about the same. But no definite answer was given by the victim. PW1 conveyed the news to PW3 and asked her to take PW2 to the hospital. PW2 was taken to hospital and it was revealed that she was pregnant. After reaching home, when PW1 again questioned PW2, she said it was the accused who had committed the act.

(3.) The allegation is that when PW1 met the accused on the way, she questioned him about the act. He threatened PW1 with dire consequences if she revealed the incident to anybody. It appears that there were some mediation talks which failed and that ultimately resulted in PW1 laying Ext.P1 First Information Statement. The said statement was recorded by the then Station House Officer who is no more and on the basis of Ext.P1, he registered a crime as per Ext.P11 First Information Report.