SAJI S/O SUNDARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who was prosecuted for the offence punishable under Section 511 of Section 376 of Indian Penal Code, was found guilty of the same and was therefore convicted and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.5000/- with a default sentence of one year. If the fine amount was realized, it was directed to be paid as compensation to P.W.2 and set off as per law was allowed.

(2.) The incident which gave rise to the case occurred on 7.1.2002. On that day, P.W.2, a girl aged 5 = years, was on her way back from school to her house. The allegation is that the accused caught the child and took her to a nearby place and committed rape on her. When the child returned home crying, her mother asked for the reason and she disclosed the incident. The further allegation is that the mother and the child went to the place where the incident had occurred and they happened to see the accused sitting there. On being asked about the incident, he denied the same and thereafter P.W.2, the victim, and P.W.1, the mother went to the police station and laid Ext.P1 first information statement, which was recorded by the Station House Officer, who registered crime as per Ext.P1(b) FIR. Investigation was done by P.Ws.11, 12 and 15. The scene mahazar was prepared and the child was sent for medical examination. She was examined by one Dr.Minimol who was not available for examination and P.W.14 was examined who was conversant with the signature of the doctor and Ext.P13 is the medical certificate issued by the doctor who examined the child. The clothes worn by the accused were seized and sent for chemical examination. After completing the investigation, charge was laid before the court.

(3.) The court before which charge was laid took cognizance of the offence. Finding that the offences are exclusively triable by a court of Sessions, committed the case to Sessions Court, Thiruvananthapuram. The said court made over the case to Additional District and Sessions Court (Fast Tract - I), Thiruvananthapuram for trial and disposal.