RADHAKRISHNAN @ PERAVAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was prosecuted for the offence punishable under Section 511 of 376 of IPC, was found guilty of the same. He was convicted and sentenced to undergo rigorous imprisonment for two years.

(2.) PW1 is the victim in this case and PW3 is her mother. The incident is alleged to have taken place on 21.10.2005 at about 9.30 a.m. The allegation is that on that day, PW1 was alone at home as her school had been closed for a short vacation. It is stated that the accused came to the house of the victim on the pretext that, a phone call of the father of the victim had come and that he had come to inform the same to PW1. Thereafter, it is alleged that he sat on the half verandah of the house of PW1 and asked for a glass of water. PW1 brought a glass of water and after taking the water while she was going back with the glass, the accused is said to have followed her. The accused caught hold of her, dragged into the middle room of the house and attempted to ravish her. In the process, her dresses were torn. She did not divulge the incident to anybody then. Long thereafter, that is on 25.11.2005, it so happened that PW3, the mother of PW1, noticed that PW1 was wearing a torn petticoat and when asked for the reason, PW1 had divulged the incident to her mother, PW3. On the very same day in the evening, PWs 1 and 3 were alleged to have gone to the police station and laid Ext.P1 First Information Statement. PW8 recorded Ext.P1 and on the basis of the same, registered crime as per Ext.P1(a) FIR. Investigation was taken over by PW9. He had the scene mahazer prepared and also the torn petticoat seized. He had PW1 examined by the doctor, PW6, who issued Ext.P5 certificate. He recorded the statements of witnesses and sent the materials collected during the investigation for examination and after completing investigation, laid charge before the court.

(3.) The court before which the charge was laid, took cognizance of the offence and finding that the offence is exclusively triable by a Court of Sessions, committed the case to Sessions Court, Kozhikode under Section 209 of the Code of Criminal Procedure. The said court made over the case to the Additional District and Sessions Court (Adhoc-I) for trial and disposal.