BABURAJ @ BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 450, 506(1) and 376 of Indian Penal Code. He was found guilty on all three counts and therefore, he was convicted and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.50,000/-, in default to undergo simple imprisonment for six months for the offence under Section 376 of I.P.C. He was sentenced to undergo rigorous imprisonment for two years for the offence under Section 450 of I.P.C. He was further sentenced to undergo rigorous imprisonment for six months for the offence under Section 506(1) of I.P.C. Substantive terms of imprisonment were directed to run concurrently. It was also directed that if the fine amount was realized, 50% shall be paid to the victim as compensation.

(2.) The victim, namely, P.W.4 in this case, is a married woman with children and was aged 40 as on the date of the offence which is alleged to have been committed on 18.4.2002. The victim and the accused are neighbours. Her husband is a construction worker. They had put up a house after purchasing two cents of property from the accused. The two families were on good terms. From March, 2002 onwards it is alleged that the accused began to misbehave with the victim. While she was taking bath on a particular day, she happened to see the accused peeping into the bath room sitting on the top of a coconut tree nearby. When questioned, the accused is alleged to have told that he had taken a fancy for her and he is in the habit of achieving what he desired. However, to avoid quarrel, she did not inform her husband. On 18.4.2002, at about 2.30 p.m. while the victim, namely, P.W.4, was cleaning the utenzils in the kitchen, the accused entered the kitchen and stamped on the back of the victim. She turned round and saw that it was the accused and when she tried to cry aloud, her mouth was closed and the accused threatened her that if dared to make a cry, she would be done away with. When the attempt to wriggle out failed, she was made to lie on the floor and then she says that she was ravished. After the incident, he is alleged to have told the victim that if she complained about the incident to anybody, her daughter would suffer the same fate. When she tried to cry aloud, the accused had bitten on her lip, which resulted in a cut injury. After having accomplished the act, the accused left the place. Exhausted, the victim was unable to move for a long time. Her husband had gone out for work and the elder daughter was in the house of her husband. Her younger son had gone out to play. Frightened, she did not reveal the incident to anybody. When her husband returned in the evening, he noticed the injury on her lip and when asked about the reason, she said that she had knocked against a door and suffered the injury. The next day she felt acute pain in her lower abdomen and she developed urinary infection. On 20.4.2002 she went to the Government Hospital, Arookutty and consulted a doctor. She told the doctor that she had knocked against a door. On 3.6.2002, it is alleged that, while the victim was taking bath, the accused entered the bathroom and caught hold of her. When she threatened that she would raise an alarm and invite the attention of the neighbours, the accused threatened that if she did so, her daughter would suffer the same fate. On that day evening, when her husband returned home, the victim conveyed all the information to him. Her husband, namely, P.W.5 is said to have told her not to reveal it to anybody for fear of humiliation and he is alleged to have told her that they would shift their residence. They changed the school of their daughter and they shifted their residence to the tarwad house of P.W.5. On a few occasions, when they returned to their residence to take the articles from there, it is alleged that the accused and his companions threatened them with dire consequences. When her husband felt that they would not be left alone by the accused and his companions, they decided to lay a complaint and therefore, Ext.P6 first information statement was laid on 12.6.2002. P.W.10, the Station House Officer at the relevant time, recorded Ext.P6 FIS given by P.W.4 and registered crime as per Ext.P6(a) FIR. He then had the victim sent for medical examination. P.W.7 examined the victim on 12.6.2002 and issued Ext.P9 certificate. In the meanwhile, investigation was taken over by P.W.11. He prepared Ext.P4 scene mahazar and seized the clothes produced before him as per Ext.P5 mahazar. He recorded the statements of witnesses and had the clothes collected during investigation sent for chemical examination and obtained Ext.P14 certificate. After arresting the accused, he had him subjected to potency test. Finally, after completing the investigation he laid charge before court.

(3.) The court, before which final report was laid took cognizance of the offences. Finding that the offences are exclusively triable by a court of Sessions, the said court committed the case to Sessions Court, Alappuzha. The said court made over the case to Assistant Sessions Court, Cherthala for trial and disposal.