PHILIPOSE @ JAIBY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 376 and 417 of Indian Penal Code and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was found guilty of the offences punishable under Sections 376 and 417 IPC but was acquitted of the offence under Section 3(2)(v) of the SC/ST (PA) Act. He was convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1 lakh with default clause of rigorous imprisonment for one year more under Section 376 IPC and to undergo rigorous imprisonment for one year under Section 417 IPC. The substantive sentences were directed to run concurrently. It was also directed that if the fine amount is realised, the entire amount shall be paid to PW1 as compensation. Set off as per law was also allowed.

(2.) PW1 is the victim in this case. She was working as home nurse in the house of one Devasia. In the house where she was working, they were two aged persons namely, Devasia and his wife. They have only one daughter and as she was staying along with her husband, PW1 was engaged to look after the aged parents as well as the entire household affairs. PW1 was initially recruited from Red Cross at Kottayam which provides Home Nurse services and later on she resigned from the organisation and continued as home nurse in the house of Devasia.

(3.) The allegation is that the accused who was a neighbour to the house where PW1 was working used to come to the house and they fell in love with each other. It is alleged that the accused on several occasions promised to marry the victim and ultimately, in January 2003, on a particular day, when one of the inmates of the house was not at home and the other was bedridden, the accused happened to come to the house to replace bulb. It is stated that the accused induced the victim to have sexual intercourse with him. Though she offered resistance at the first instance, on his insistence and on his promise to marry her at any cost, she succumbed to his lust. It is conceded that thereafter on two or three occasions, they had sex. As a consequence thereof, the victim conceived. When the victim became five months pregnant, she insisted for marriage and then the accused is said to have told her that since she belonged to Pulaya community and he belonged to a Christian community, his parents will not be prepared to allow him to marry her and he too is not willing to marry her and that led to laying of Ext.P1 First Information Statement.