GANESH @ PAULRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 366A and 376 of Indian Penal Code. He was found guilty and accordingly, he was convicted and sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.1,500/- with default clause of rigorous imprisonment for six months under Section 366 IPC and also sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,500/- with default clause of rigorous imprisonment for six months under Section 376 IPC. Both the sentences were directed to run concurrently and set off as per law was allowed.

(2.) Pw7 is the victim in this case. She is the daughter of PW4 who is a casual labour by profession. PW4 along with his daughter and son were residing together. On 21.10.2001 at about 3 p.m, PW4 and his son decided to go to PW4's mother's house. PW7, the daughter was asked to go over to the house of her grand mother. She was also asked to come back by Sunday noon. On Sunday, by 3.30 p.m, PW4 and his son returned home. But PW7 was not at home. On enquiry, he came to know that PW7 had not reached her grandmother's house on the previous day. Frantic search for the girl was made. PW4 came to know that PW7, the victim was seen talking to the accused on that day. Unable to find his daughter, he went to Police Station and laid Ext.P6 First Information Statement. That was recorded by PW12 who registered a crime as per Ext.P14 First Information Report.

(3.) Investigation was taken over by PW13 who learned that PW7 was in Sivagiri Police Station in Tamil Nadu and on 25.02.2002, he deputed PW12 to go to Sivagiri Police Station and to bring back PW7. On 28.02.2002, she was produced before PW13 who recorded her statement. Thereafter the victim was sent to hospital for medical examination and PW13 obtained Exts.P2 and P3 certificates. Further investigation was done by PW14, who prepared Exts.P12 and P13 mahazars. He verified the school admission register and prepared a mahazar namely, Ext.P4. PW15 also had a role to play in the investigation and he claims to have prepared Ext.P8 mahazar relating to the house at Sivagiri where the accused had taken the victim. PW17, the successor-in-office to PW15, conducted subsequent investigation. He arrested the accused and had him subjected to potency test. He, after completing the investigation, laid charge before court.