CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was prosecuted for the offences punishable under Sections 450 and 376 of Indian Penal Code. He was found guilty on both counts. He was therefore convicted and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/ - with default clause of rigorous imprisonment for one year for the offence under Section 376 IPC and also to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/ - with default clause of rigorous imprisonment for three months for the offence under Section 450 IPC. The substantive sentences were directed to run concurrently and set off as per law was allowed.

(2.) PW 1 is the victim in this case. The incident is alleged to have taken place on 08.01.2005 at about 2 p.m. PW1 laid Ext.P1 First Information Statement. As per the allegations, the husband of the victim conducts business of chappels. On 08.01.2005, when she was all alone at home, at about 2 p.m, while she was taking rest, she happened to hear somebody knocking at the door. She went towards the door. Then she found the accused pushing open the door and entering her house and he gagged her mouth. There was a scuffle and she fell down. The allegation is that the accused overpowering the victim, ravished her. As a result of the struggle exerted by her, PW1 would say that she had suffered injuries on her face and nose. The accused left after the incident and when her mother came home, she narrated the incident to her and on the same day, Ext.P1 First Information Statement was laid.

(3.) THE court before which final report was laid took cognizance of the offences and on finding that the offences are exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Palakkad. The said court made over the case to Additional Sessions Court Adhoc - III (Fast Track -III), Palakkad for trial and disposal.