HARIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case, who is a handicapped, was tried for the offence punishable under Section 376 of Indian Penal Code and was found guilty of the said offence. He was therefore convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for three months.

(2.) PW10 is the victim in this case. She, at the relevant time, was working as housemaid in the house of PWs 1 and 2. PWs 1 and 2 are teachers by profession. Once they go to school in the morning and their children also go to school, PW10 is alone at home. The accused, a mike operator by profession, was engaged to operate mike system in the adjacent house for five days including the day on which the incident occurred. It seems that a faint acquaintance was developed between the accused and PW10. The allegation is that on the date of the incident, PW10 is said to have come to open the gate on the eastern side anticipating arrival of PWs 1 and 2 and when she returned to the kitchen, she found the accused standing there. The further allegation is that the accused bolted the kitchen door, closed her mouth and as a result of the force exerted by the accused, the victim fell down. It is alleged that the accused sat on the abdomen of the victim and then after removing her clothes, raped her. The incident left her bleeding. The victim managed to get up. Then she found the accused standing near the boundary wall on the northern side and asking her to wipe off the blood. PW10 wiped off the blood on the floor and thereafter went to bathroom and washed her clothes. She then found herself unable to move about and she sat in the bathroom. By that time, PW1 arrived from school. He happened to see a bleeding PW10. She told him what had transpired. It is seen that the victim was taken first to the MGM Hospital, Ramapuram where she was attended to by PW8 who proved Ext.P6 O.P. ticket. She was then referred to the Government Hospital, Kayamkulam where she was attended to by PW9 who issued Ext.P7 certificate. Later she was taken to the Medical College Hospital, Alappuzha where PW11 attended to her and Ext.P9 certificate was issued.

(3.) On getting intimation from the MGM Hospital, it appears, PW12 went over to the hospital on 15.01.2005 and recorded Ext.P8 First Information Statement furnished by PW10. He returned to the Police Station and registered crime as per Ext.P10 First Information Report. Investigation was taken over by PW13. He seized the case sheet relating to the treatment given to PW10 as per Ext.P11 mahazar. He recorded the statement of witnesses and prepared Ext.P1 scene mahazar. He also seized the clothes alleged to have been worn by the victim at the relevant time namely, M.O.s 1 to 3 as per Ext.P2 mahazar. He had PW10 sent for better management to the Government Hospital, Kayamkulam. On 15.01.2005, he had the accused arrested and subjected him to potency test and also had his clothes seized. He had filed report regarding address of the accused as per Ext.P15 and had the materials seized by him during investigation sent for forensic examination and obtained Ext.P16 report. He completed the investigation and laid charge before court.