KARUVAN PRASANTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 376 and 417 of Indian Penal Code and under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. After trial, the accused was found guilty of the offence punishable under Section 376 IPC. He was, therefore, convicted and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a compensation of Rs.50,000/- (Rupees fifty thousand only) to the victim PW2 and in default of payment of which to suffer simple imprisonment for three years under Section 357(2) of the Code of Criminal Procedure. Set off as per law was allowed.

(2.) PW2 is the victim in this case. She and the accused are neighbours. PW2 resides with her mother, father and sister in the same house. It is admitted by PW2 that for the last three years, she was having close acquaintance with the accused and that the accused used to go to the house of PW2 when she was alone at home. He used to compel her for sexual intercourse but she did not yield. Finally, on a day in the 2nd week of June 1999, the accused came and knocked at the door at about 9 p.m. PW2 opened the door and he entered the room and asked her not to make any noise. PW2 would say that because of her love towards him, she did not make a hue and cry while he entered the room. He compelled her to have sexual intercourse to which she initially objected and she told that the same could be done only after marriage. The accused promised that he would marry her and on that belief, she allowed him to have sexual intercourse. Thereafter, they had sexual contact on several occasions. When she became pregnant, she demanded the accused to marry her. Since he refused to marry her, Ext.P2 First Information Statement was laid.

(3.) PW6, Additional Sub Inspector of Police, Valapattanam received Ext.P2 First Information Statement and on that basis, registered a crime as per Ext.P2(a) First Information Report. Investigation was taken over by PW7. He had PW2 sent for medical examination. PW3 doctor examined PW2 and issued Ext.P1 certificate. PW7, in the meanwhile, prepared Ext.P5 scene mahazar. He had the accused arrested and sent for potency test and received Ext.P6 certificate. He recorded the statement of witnesses, completed the investigation and laid charge before the court.