VINCENT Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 376(f) of Indian Penal Code. He was found guilty and accordingly, he was convicted and sentenced to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.2,500/- with default clause of rigorous imprisonment for six months. Set off as per law was allowed.

(2.) Pw14 is the victim in this case who was aged only eight years at the relevant time and PW15 is her mother. PW15 is a housewife. On the date of the incident, she was cooking in the kitchen and the victim was playing outside. Her husband Francis was attending to some repair work to a sofa. The family of the victim had extremely good relationship with the family of the accused and it was usual for the victim's family members to go to the house of the accused for watching television. The children of PW15 also go to play with the children of the accused. On the date of the incident i.e. on 20.11.2005, the victim had gone to the house of the accused. The accused is alleged to have told her to bring a nail from her house. She returned home and obtained a nail from her father and went back to the house of the accused. The accused is alleged to have said that as the nail is a small one, he does not want it and then she brought it back to her father.

(3.) The allegation is that the victim returned to the house of the accused and it was at about 9.30 a.m on 20.11.2005. Short while thereafter, the victim returned home. When she came home, her mother, PW15 was drawing water from the well. PW15 happened to see that the victim had removed her undergarment and skirt. She asked for another undergarment. Then PW15 is said to have replied that she had worn a new one after bath on the previous day and asked the reason as to why she wanted a fresh one now. PW14 is said to have replied that her undergarment was wet. She was taken inside the house and PW15 claims to have examined the undergarment. She found something sticky on her undergarment and also found bloodstains. Having realised that it was semen, PW15 asked PW14 what had transpired and then the victim is said to have narrated the incident to her. PW14 is said to have complained about burning in her private parts and PW15 along with her husband took PW14 to the hospital. She was admitted in the hospital. On the very same day of the incident, PW15 laid Ext.P6 First Information Statement.