MOOSA Vs. STATE

JUDGEMENT

(1.) The accused who was prosecuted for the offence punishable under Section 376 of Indian Penal Code was found guilty of the same and was therefore convicted and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/- and in default of which to suffer rigorous imprisonment for a further term of six months. There was also a direction that if the fine amount was realised, the same shall be paid to PW2 as compensation. Set off as per law was allowed.

(2.) PW2 is the victim in this case and PW6 is her mother. The accused was a close neighbour of the victim. The families initially gained acquaintance with each other and later they became thick friends. The allegation is that on a day in May 1998, while the victim, after watching 'Chithrahar' in the house of the accused, was about to leave the house, the accused caught hold of her and ravished her against her will and consent. She was threatened with dire consequences if she revealed the incident to anybody and was also threatened to the effect that if she made the matter public, her sister also will be dealt with in the same manner. According to the victim, that silenced her and the relationship continued for three more years. The accused and the victim were caught red handed by the people of the locality and then the victim narrated the incident to all. On 06.04.2001, Ext.P2 complaint was laid by PW2. On the basis of Ext.P2, PW12 registered a crime as per Ext.P9 First Information Report. PW2 was sent for medical examination and PW9 examined her and furnished Ext.P6 certificate.

(3.) PW13 took over the investigation. He conducted a preliminary investigation and it was followed by PW14. PW14 prepared Ext.P4 scene mahazar and recovered M.O.1 bed sheet. He preferred Ext.P12 report showing the alteration in the year from when the incidents commenced. He had recorded the statement of witnesses and the materials collected during investigation were sent for chemical examination. His successor in office, PW15, completed the investigation and laid charge before court.