BIJU S/O SAMUAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 323 and 376 of IPC. He was found guilty on both counts. Therefore he was convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 15,000/- under Section 376(1) of IPC in default of payment of which he had to suffer simple imprisonment for 6 months. Accused was also directed to pay a compensation of Rs. 50,000/- in default of payment of which had to suffer simple imprisonment for 18 months.

(2.) The incident which gave rise to the case is said to have occurred on 25.10.1996 at about 11.00 am. PW1, the victim was alone in her house. She was engaged in household work. She is staying with her brothers and mother who had gone out for work. The accused, who is the neighbour of the victim on realizing that the victim was all alone in her house, trespassed into the house of the victim and after having dragged her into a room of their house violated her body. When she resisted, she was assaulted also. On the same day itself PW1 laid Ext.P1, First Information Statement. PW8 recorded Ext.P1 statement and registered crime as per Ext.P1, FIR. Investigation was taken over by PW9. He had the victim sent for medical examination. PW4 examined the victim and furnished Ext.P2 certificate dated 25.10.1996. Material objects produced was seized by PW10 and he recorded the statement of the few witnesses. Investigation was continued by the successor officer who ultimately laid charge before the court.

(3.) The JFCM-I, Paravur before whom the final report was laid took cognizance of the offence. Finding that the offence is one exclusively triable by a court of sessions. The said court committed the case to Sessions Court, Kollam under Section 209 of Cr.P.C.