BIJU, S/O. DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) HAVING been found guilty of the offence punishable under Section 376 of Indian Penal Code by both the courts below and having suffered conviction for the said offence and sentence of three years rigorous imprisonment and a fine of Rs.2500/- with default clause of simple imprisonment for one month, the accused in the case assails the said findings before this Court in this criminal revision petition.

(2.) PW 1 is the victim in the case and the accused is her neighbour. On the date of the incident i.e. on 25.04.1997, according to the prosecution case, PW1 had gone for a marriage and had returned home and while she was changing her dress, the accused entered through the door on the eastern side of the house and caught hold of her from behind. Even though she tried to extricate from the clutches of the accused, she was threatened with dire consequences and the allegation is that her undergarments were removed and she was ravished by the accused. While the act was going on, it so happened that PW2, the uncle of PW1 with whom PW1 was staying as her parents were no more and her brother was also no more happened to see the incident and on seeing PW2, it is alleged that the accused ran away from the spot. Even though PW2 chased him, he was unable to catch hold of him.

(3.) THE court before which charge was laid took cognizance of the offence and on finding that the offence is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Alappuzha under Section 209 Cr.P.C. The said court made over the case to Assistant Sessions Court, Cherthala for trial and disposal. The latter court, on receipt of records and on appearance of the accused, framed charge for the offence under Section 376 IPC. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution, therefore, had PWs 1 to 17 examined and Exts.P1 to P8 marked. The accused had Ext.D1, relevant portion of Section 161 Cr.P.C statement of PW1 marked as contradiction. M.Os 1 to 3 were got identified and marked.