KHILARU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 376 IPC. He was found guilty by the trial court and was convicted for the said offence. He was sentenced to undergo seven years' rigorous imprisonment and to pay fine of Rs.25,000/- (Rupees Twenty five thousand only) with a default sentence of rigorous imprisonment for a period of one year. It was also directed that, if the fine amount was realised, the sum of Rs.20,000/- (Rupees Twenty thousand only) would be paid to PW1 as compensation. Set off as per law was allowed.

(2.) PW1 is the victim in this case. The alleged incident is said to have taken place on 13.02.1998. On that day, PW1, the victim, a casual labourer, was working in a construction site. As per the allegations, while she was engaged in the work and there was nobody nearby, the accused came from the back side, caught hold of her and made her to lie down forcefully and committed the offensive act. After the incident, it is alleged that the accused promised to marry her. PW1 would say that she conceived as a result of the act committed by the accused and when that information was passed on to the accused, he repeated the promise. Later, the matter was taken to the Mahal Committee and in the mediation, he stuck to his promise. Subsequently, he retracted from the promise and then Ext.P1 complaint was laid on 12.09.1998. Based on Ext.P1, a crime was registered as per Ext.P9 FIR. PW19 took over investigation, he prepared Ext.P2 Scene Mahazar and questioned the witnesses and recorded their statements. He recovered the articles by way of seizure mahazars, completed investigation and laid charges before Court.

(3.) The Court, before which the final report was laid, took cognizance of the offence and finding that the offence is exclusively triable by a Court of Sessions, the said Court committed the case to Sessions Court, Palakkad. The said Court made over the case to Asst. Sessions Court, Ottappalam for trial and disposal. That Court on receipt of records framed charge for the offence punishable under Section 376 IPC. To the charge, the accused pleaded not guilty and claimed to be tried. Prosecution, therefore, had PWs1 to 19 examined and Ext.P1 to P11 marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent.