ANTONY, S/O.KOCHAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in this case was prosecuted for the offence punishable under Section 511 of Section 376 of Indian Penal Code. He was found guilty. Accordingly, he was convicted and sentenced to undergo simple imprisonment for five years and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for two months. Set off as per law was allowed.

(2.) THE incident in this case took place on 9.4.2005. P.W.1 is the victim. She was staying with her parents and siblings and the accused is said to be her step-father. On the date of incident, as per the first information statement, her mother had gone for work and when she and her siblings were sitting in the varenda after having lunch, the accused caught hold of her and she was dragged inside and he attempted to commit rape on her. She managed to escape and even though she conveyed the news to her mother, the mother did not react and P.W.1 went to the house of her grand-mother and narrated the incident to her. P.W.4, her grandmother, took her to the police station and laid Ext.P1 first information statement. P.W.6 recorded the same and registered crime as per Ext.P6 F.I.R. P.W.1 was sent for medical examination and she was examined by P.W.3, who issued Ext.P3 certificate. P.W.7 took over investigation. He prepared the scene mahazar, Ext.P7, recorded the statements of witnesses, and investigation was completed and charge was laid by his successor-in-office.

(3.) THE lower court, relying on the evidence of P.W.4 and the entries in Ext.P3 medical certificate, which is said to have been furnished by P.W.1, found the accused guilty of the offence. Accordingly, he was convicted and sentenced as already mentioned. The said conviction and sentence are assailed in this appeal.