PALLATTUKUZHIYIL JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in this case was prosecuted for the offences punishable under Sections 376 and 506 of Indian Penal Code. He was found guilty on both counts. He was, therefore, convicted and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.30,000/-, in default, to undergo simple imprisonment for one year for the offence under Section 376 of I.P.C. and rigorous imprisonment for two years for the offence punishable under Section 506(ii) of I.P.C. It was also directed that if the fine amount is realized, a sum of Rs.25,000/- shall be paid as compensation to P.W.2, the victim. Set off as per law was allowed. The substantial sentences were directed to run concurrently.

(2.) P .W.2 is the victim in this case. She stays with her parents and siblings at Laksham Veedu Colony in Nedumunda. She was studying in the 7th standard at the relevant time. According to the allegations, two months prior to the date of the lodging of the complaint, the incident had occurred. The parents of the victim are rubber tapers by profession. The incident is said to have occurred on a Saturday. On that day, at about 1 p.m., the allegation is that, the victim had gone to the nearby rubber plantation to graze her goat. While doing so, someone caught her hands from behind. When she turned round, she found it was the accused. Even though she asked him to leave her alone, he asked her to come along with him as he wanted to tell her something. When the victim said that she was going home, it is alleged that the accused dragged to the nearby rubber estate, laid her on the floor, her cloths were removed and ravished. The further allegation is that the victim was threatened with dire consequences if she revealed the incident to anybody. Out of fear, she did not disclose the incident to anybody including her parents. Two months thereafter she developed pain in the stomach and she informed her mother. Her mother told her to go to the Primary Health Centre nearby. She had gone to the hospital, the doctor therein examined her and asked whether she had physical contact with any male. P.W.2 answered in the affirmative. Then the doctor told her to bring the elder members of the family. Her parents and another person by name Rajan Master went to meet the doctor at her residence and they were informed that the victim was two months pregnant. It is alleged that there was mediation talk between the families and initially the family of the accused agreed to have the marriage between the accused and the victim conducted. Later they retracted and that led to the filing of the complaint, namely Ext.P2 first information statement, on 10.5.2000. P.W.7, the Assistant Sub Inspector of Police, recorded Ext.P2 FIS and registered crime as per Ext.P6 FIR. P.W.8 took over investigation. He prepared Ext.P1 scene mahazar and had seized M.Os 1 and 2, the dress said to have been worn by the victim at the relevant time, as per Ext.P7 seizure mahazar. He had obtained Ext.P3 certificate issued by P.W.4, the doctor who examined the victim. He recorded the statements of some of the witnesses. His successor-in-office, after the arrest of the accused, had the potency test of the accused conducted and obtained Ext.P4. His successor-in-office obtained Ext.P9, extract of the admission register from the school where the victim had been undergoing studies at the relevant time. He completed investigation and charge was laid before court.

(3.) ON an appreciation of the evidence in the case, the trial court came to the conclusion that evidence of P.Ws.2 and 3, the victim and her mother, stands scrutiny and there is no reason to disbelieve them. Accepting their evidence and also finding that the age of the victim was below 16 at the relevant time, the accused was found guilty. Conviction and sentence as already mentioned followed. The said conviction and sentence are assailed in this appeal.