DEVASIA @ BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 323 and 376 of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act. He was found guilty on all counts. He was convicted for all the offences and sentenced to suffer rigorous imprisonment for 7 years and to pay fine of 1,000/- for the offence under Section 376 of IPC and sentenced to suffer rigorous imprisonment for six months for the offence under Section 323 of IPC. He was also sentenced to suffer rigorous imprisonment for six months and to pay a fine of 1,000/- for the offence under Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act with a default clause of simple imprisonment for one month. Substantive sentences were directed to run concurrently and set off as per law was allowed.

(2.) PW1 is the victim in this case. She was aged 50 at the relevant time. She is a house wife. She stays with her younger son Subhash. The elder son Suresh lives separately. On 26.02.2005 at about 10.45 p.m., it is alleged that she went to answer the call of nature. While so, the accused came from behind, caught hold of her, closed her mouth, dragged her to the eastern side of her compound and then she was ravished. He threatened her with dire consequences if she revealed the incident to anybody. The victim went to the house of the elder son, woke them up and told them what had transpired. She was taken to the hospital in a jeep driven by PW3. PW8 examined her and issued Ext.P6 certificate. The next day, when she was examined by another doctor, she revealed the incident to him and the matter was informed to the police. PW12 went over to the hospital and recorded Ext.P1, First Information Statement and registered crime as per Ext.P1(a), FIR. On the subsequent day, PW1 was examined by PW9 who issued Ext.P7 certificate. PW14 took over investigation. He prepared Ext.P3 mahazar and seized MOs 1 and 2. He recorded statement of witnesses, had the materials collected during investigation sent for chemical analysis report and obtained Ext.P13 report. On the arrest of the accused, he filed a report showing his detail as Ext.P14. The accused was subjected to potency test. After completing investigation, he laid charge before the court.

(3.) The court, before which the final report was laid, took cognizance of the offence. Finding that the offences are exclusively triable by a Special Court, the case was committed to Sessions Court, Kottayam. The said court, on receipt of records and on appearance of the accused, framed charges for the offences punishable under Sections 323 and 376 of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act.