SAJAN S/O GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 376 and 506(I) 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 ten years and to pay a fine of Rs.1,000/- under Section 376 IPC with default clause of rigorous imprisonment for six months and also sentenced to suffer rigorous imprisonment for two years under Section 506(I) IPC. Both the sentences were directed to run concurrently. Set off as per law was allowed.

(2.) The incident in this case in which PW1 figures as victim occurred in the late night on 05.03.2008. PW2 is her brother and PW3 is her mother. The accused is none other than the step- father of PW1. On the date of the incident, it was 'Sivarathri'. On 04.03.2008, it is alleged that the victim, who was in the hostel, was brought to the house by PW3 and the accused. On 05.03.2008, after returning from work, the accused took PWs 1 to 3 to the temple and after leaving them in the town, he went to meet some of his friends. At about 10 p.m to 10.30 p.m, the accused is alleged to have gone to the place where PWs 1 to 3 were sitting and he bought them coffee and asked PWs 1 and 2 whether they wanted to purchase any articles. PW2 was given Rs.50/- and the accused offered to take PW1 along with him to buy bangles and chain. The allegation is that PW1 was taken in an autorickshaw by the accused and he dismounted her near the the way leading to her house. On the way, it is alleged that she was ravished by the accused. After the incident, PW1 and the accused returned to the temple. PW3 noticed that PW1 was crying. Even though she asked for the reason, it was not revealed by PW2 as the accused was sitting nearby. As soon as the accused left the place, the child burst out and the mother, on enquiry, learned the shocking news. She took PW1 to the Police Station and Ext.P1 First Information Statement was laid. PWs 1 and 3 claims to have gone to the hospital at Adimali. PW1 was sent for medical examination and she was examined by PW8 who issued Ext.P5 certificate.

(3.) PW11 recorded Ext.P1 First Information Statement given by PW1 and on that basis, he registered a crime as per Ext.P1(a) First Information Report. PW12 took over the investigation. He had the scene mahazar prepared through PW11, and he arrested the accused on 06.03.2008. After the arrest, the accused was subjected to potency test. He seized the dress worn by the victim at the relevant time so also the dress worn by the accused. He had them sent for chemical analysis. He recorded the statement of witnesses, completed the investigation and laid charge before court.