CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was prosecuted for the offences punishable under Sections 366A and 376 of Indian Penal Code and also for the offence under Section 3(1 )(xi)of the Scheduled Caste and Scheduled Tribe(Prevention of Atrocities)Act.He was found guilty on all counts. Therefore,he was convicted and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.25,000/ - with a default sentence of rigorous imprisonment for three years for the offence under Section 376 of I.P.C.and also sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.5000/ - with a default sentence of rigorous imprisonment for six months for the offence under Section 366A of I.P.C.The accused was also sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.5000/ - with a default sentence of rigorous imprisonment for six months for the offence under Section 3(1 )(xi)of the Scheduled Caste and Scheduled Tribe(Prevention of Atrocities)Act.Substantive sentences were directed to run concurrently.Set off as per law was allowed.

(2.) P .W.2 is the victim in this case and P.Ws.1 and 3 are her parents.P.Ws.1 and 3 have two children among whom P.W.2 is their elder daughter.P.W.1 is a casual labourer.P.W.2 is a diabetic.On 17.4.2001,P.W.1 as usual went for work and was engaged in the house of one Bhaskaran.The children were at home.When he returned at 6 p.m .,P.W.3 told him that their daughter P.W.2 was missing.He enquired with his son about the same.His son replied that he had gone to play at 2.30 p.m.and when he returned at 3.30 p.m.he found his sister missing.The parents of the victim noticed that a few dresses belonging to P.W.2 were also missing.They made frantic search for her.They could not trace her out and therefore Ext.P1 complaint was laid before the police on 24.4.2001.P.W.20 recorded the same and registered crime as per Ext.P1(a) under the caption 'man missing ' ;.P.W.20 got information that P.W.2 was residing with the accused in a rented house at a place called Manakkala.He along with the parents of the victim and a woman police constable went to the place and located P.W.2 and the accused.On questioning P.W.2, P.W.20 came to the conclusion that P.W.2 had been abducted and raped and therefore filed Ext.P13 report incorporating Sections 366A and 376 and Section 3(1 )(xi)of Scheduled Caste and Scheduled Tribe(Prevention of Atrocities)Act.P.W.2 was sent for medical examination. P.W.19,the doctor concerned examined P.W.2 on 30.4.2001 and issued Ext.P11 certificate.The samples taken by him during examination of the victim were sent for chemical analysis and he obtained Ext.P12 report.In the meanwhile, investigation was taken over by P.W.21.He prepared Ext.P3 scene mahazar and had M.Os.1 and 3 seized.M.O.2 mat was seized as per Ext.P15 mahazar.He had the potency test of the accused conducted and obtained the necessary certificate.It was revealed on questioning the victim that a gold chain belonging to her was pledged and the relevant document is Ext.P17.In order to prove the age of the victim at the relevant time,P.W.21 had obtained Ext.P7 certificate from P.W.15 and he recorded the statements of witnesses.His successor -in -interest had completed the investigation and laid charge before court.

(3.) THE court below on an appreciation of the evidence in the case found that the accused had induced the girl to go along with him and subjected her to forced sexual intercourse and also that the victim was below the age of 16 at the relevant time.Consequently,the accused was found guilty on all counts and conviction and sentence as already mentioned followed.The said conviction and sentence are assailed in this appeal.