CHERIYAKADAVIL SANTHOSH Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The accused who was prosecuted for the offences punishable under Sections 450, 376, 506(I) and 417 of Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was found guilty of offences under Sections 417 and 376 IPC and was therefore convicted and sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 417 IPC and rigorous imprisonment for a period of ten years for the offence under Section 376 IPC. He was also directed to pay compensation of Rs.3 lakhs to PW1 with default clause of simple imprisonment for three years. The substantive sentences were directed to run concurrently and set off as per law was allowed.

(2.) PW1 is the victim in this case. She stays with her parents and younger brother. Her parents are casual labourers and they go for work in the morning and return in the evening and when her brother also goes to school, PW1 is alone at home. The allegation is that on 12.02.2005, at about 11.30 a.m, the accused came to the house of PW1 and asked her for a glass of water. She went inside the house and when she reached the kitchen, she found the accused standing behind her and soon thereafter he caught hold of her, threw her on the floor and ravished her. It is alleged that she was threatened with dire consequences if she revealed the incident to anybody and also threatened that he would commit suicide. According to the prosecution allegations, on the subsequent occasions also, she was forced to undergo sexual intercourse. After the first incident, it is claimed that the accused promised to marry her and keeping alive that promise, she was subjected to sexual intercourse. While so, PW1 conceived and it is alleged that the accused had given her some tablets and when she complained of stomach pain, her mother PW6 sent her to meet a doctor and she went and met a doctor. Later PW1 came to know that the accused was not inclined to marry her and then she wanted to teach him a lesson. Thereafter, Ext.P1 complaint was laid. The Station House Officer concerned recorded Ext.P1 First Information Statement and registered a crime as per Ext.P1(a) First Information Report.

(3.) Investigation was taken over by PW11. He prepared Ext.P2 scene mahazar and he had PW1 sent for medical examination and PW8 examined her and issued Ext.P7 certificate. After having arrested the accused, PW11 had him subjected to potency test and obtained necessary certificate. He recorded the statement of witnesses, completed the investigation and laid charge before court.