PRAKASH S/O GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 376 and 450 of IPC and also 3(1) (xii) and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. After trial, he was found guilty of the offences punishable under Sections 376 and 450 of IPC. Therefore, he was convicted for the said offences and sentenced to suffer three years of rigorous imprisonment and also to pay a fine of Rs.5,000/- with a default clause of one year for the offence punishable under Section 450 of IPC and also sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.20,000/- with a default clause of two years. It is directed that if the fine amounts were paid, the same shall be paid as compensation to PW1. Substantive sentences were directed concurrently and set off as per law was allowed.

(2.) PW1 is the victim in this case. She was studied upto the 8th standard and was aged 18 at the relevant time. PW2 is the mother. As per the allegations, the incident which gave rise to the case is alleged to have occurred on 22.7.2005 at about 8.00 a.m. The victim was staying with her mother as her father had left them. Her mother is a casual labourer. On the date of incident, she went for work at about 6.30 a.m. By about 8.00 a.m. in the morning, PW1 was preparing to go to school and while she was changing her dress, the accused, who had entered the room, is alleged to have caught hold of her and ravished her. It is stated that after the incident, the accused left a ten rupee note on the bed and went away from the place. Confused the victim went to school and returned in the evening. She was frightened to go inside the house and therefore she kept the bag outside the house and went to the nearby house of PW9. She narrated the incident to PW9. Later, her mother returned home and came in search of her to the house of PW9. Even though PW2 asked PW1 what are transpired, initially PW1 was reluctant to disclose the incident. It is stated that PW1 was beaten by her mother PW2 and then PW1 revealed the incident to her mother. They went to the hospital and returned home. The next day ie, on 23.7.2005 at 12.30 in the noon, PW1 along with her mother went to the police station and laid Ext.P1 First Information Statement. PW8, the Sub Inspector of Police recorded Ext.P1 First Information Statement furnished by PW1 and registered the crime as per Ext. P9 FIR. The investigation was taken over by PW12. He had the victim examined by PW10 Dr.Priya Sree and obtained Ext.P10 certificate. He also obtained the Chemical Examiner's Report viz; Ext.P11. He prepared Ext.P2 Scene Mahazer and seized the dress of the victim. After the arrest of the accused, he had him subjected to potency test, seized the clothes alleged to have been worn by him at the relevant time as per Mahazer and had the materials collected during investigation, sent for chemical examination and obtained Ext.P18 FSL report. He recorded the statement of the witnesses, completed the investigation and laid the charge sheet before the court.

(3.) The court before which the final report was laid, took cognizance of the offences. Finding that the offences are triable by a Special Court, the said court committed the case to Special Court, Thiruvananthapuram for trial under Section 209 of the Code of Criminal Procedure. The Special Court on receipt of records and appearance of the accused, framed charges for the offences punishable under Sections 376 and 450 of IPC and Sections 3(1)(xii) and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.