JOSEPH @ JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused were prosecuted for the offences punishable under Sections 376 and 450 of Indian Penal Code and Section 3 (2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On trial, they were acquitted of the charges under the provisions of the SC/ST (PA) Act. The 1st and 5th accused were found guilty of the offence under Section 376 IPC and were convicted and sentenced to suffer rigorous imprisonment for a period of seven years each. As far as accused Nos.2 to 4 are concerned, they were found guilty of both the offences under Sections 450 and 376 IPC and they were convicted and sentenced to suffer rigorous imprisonment for a period of seven years and five years for the respective offences. All the accused were sentenced to pay a fine of Rs.25,000/- each for the offence under Section 376 IPC. As far as accused Nos.2 to 4 are concerned, substantive sentences were directed to run concurrently, and set off as per law was allowed as regards all the accused persons.

(2.) PW 1 is the victim in this case. As per the prosecution allegation, some day in September 2002, PW1 had gone to the house of the 1st accused to borrow kerosene. The 1st accused went to the kitchen and brought kerosene and the same was handed over to PW1. Thereafter, it is alleged that he caught hold of the hand of the victim, took her inside the house and ravished her. Two weeks thereafter, according to prosecution, accused Nos.2 to 4, among whom accused Nos.2 and 4 are father and son, committed repeated acts of rape on the victim in her house. The victim then says that she had occasion to go to the house of the her sister who is married and while she was there, she happened to go to the house of the 5th accused for watching T.V and there she was ravished by him. As a result of these acts committed by various accused persons, she conceived. She had occasion to go to the hospital along with her sister. There she felt giddy and fell down and when the doctor examined her, it was revealed that she was pregnant. Thereafter, Ext.P1 First Information Statement was laid by PW1.

(3.) THE court before which charge was laid took cognizance of the offences and on finding that the offences are exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Thodupuzha. The said court, on receipt of records and on appearance of the accused, framed charges for the offences punishable under Sections 450 and 376 IPC and Section 3(2)(v) of SC/ST (PA) Act. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution therefore had PWs 1 to 13 examined and Exts.P1 to P43 marked.