RATHEESH CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the concurrent finding of guilt and conviction and sentence of offences under Section 376 and 417 of IPC by the two courts below, the accused has approached this Court by way of revision.

(2.) PW1 is the victim in this case. The alleged incident is said to have taken place on 20.10.2002 at about 11 am, which is said to be a Sunday. The victim, namely PW1, resides with her parents and her sister. On the date of the incident, her father and mother had gone for work and her sister had gone to attend stitching classes. The victim claims to have been reading newspaper when the accused forced himself into the house, snatched the newspaper from the hands of the victim and engaged her in conversation. During that time, the accused is alleged to have closed the door and caught hold of the hand of the victim. Thereafter, against her will and overcoming her resistance and obstruction, the accused is alleged to have committed the offence. After the incident, it is claimed by the victim that the accused promised to marry her. Believing the promise, she did not disclose the incident to anybody. The acts were repeated thereafter. The victim conceived. When the parents of the victim came to know about the same, they approached the parents of the accused. They refused to conduct the marriage. Thereafter, the accused is said to have absconded. Later, when the victim asked the accused whether he would marry her, he refused. Then, the victim lodged the FI statement before the Police.

(3.) Crime was registered and investigation was conducted. The victim was sent for medical examination and after the arrest of the accused, he was sent for potency test. Statements were taken. Investigation was completed and charge was laid before the Judicial First Class Magistrate Court I, Kottayam.