RATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused who was prosecuted for the offence punishable under Section 376 of Indian Penal Code was found guilty of the said offence and was therefore convicted and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 15,000/ - with default clause of simple imprisonment for six months. Set off as per law was allowed. PW1 is the victim in this case. She and the accused are related to each other. According to the allegations, the victim was unemployed and she had studied up to SSLC. She used to stay with her brother and sister -in -law. She became acquainted with the accused and that she used to talk to him. On 14/01/2005, when the brother and sister -in -law of PW1 were not at home, at about 8.30 p.m. while she was reading a book, she heard a knock at the door and someone called her and the person who knocked at the door wanted water to drink. She opened the door and gave a glass of water to him. After drinking the water, it is alleged that he caught hold of the hands of the victim and forced her into the room. Though she asked him to release her, he did not yield. He used forced on her and made her lie on a cot and thereafter ravished her. She was threatened with dire consequences in case she revealed the incident to anybody. He also threatened that he will commit suicide if she made the matter public. Further allegation is that he promised to marry her within six months. Because of the threat meted out by the accused, she did not reveal the incident to anybody. As per the allegations, the act was repeated on several occasions and it is claimed that there was a doubt that PW1 had become pregnant and the accused had given her some tablets. On each occasion, it is claimed that when asked, the accused promised that he would marry her and he continued to exploit her. Finally, on a day, he told that since she had aborted the pregnancy, he could not marry her. Therefore, she laid Ext. P1 First Information Statement.

(2.) PW 10 recorded the First Information Statement and registered a crime as per Ext. P9 First Information Report. He had PW1 sent for medical examination and PW4 examined the victim and furnished Ext. P3 certificate. Further investigation was conducted by PW11. He prepared the scene mahazar, recorded the statement of witnesses, completed the investigation and laid charge before Court after arresting the accused.

(3.) AFTER the close of the prosecution evidence, the accused was questioned under Section 313 CrPC. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. He also pointed out that the victim and he were in love for three years and the victim had written several letters to him. There was a proposal for marriage and on enquiry, as it was found that PW1 did not have a commendable character, the marriage did not come through. As a vengeance, a false complaint has been laid.