KRISHNANKUTTY, S/O RAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Assailing the concurrent findings of guilt for the offence punishable under Section 376 of Indian Penal Code and having suffered conviction at the hands of the trial court which awarded a sentence of seven years rigorous imprisonment and a fine of Rs.20,000/- which was confirmed in appeal, the accused has come up in revision. The facts absolutely necessary for the disposal of the revision petition are as follows:

(2.) PW2 is the victim in this case. PWs 1 and 3 are her parents. On 16.03.1998, when PW1 returned home by about 7.30 p.m, he was told that his daughter PW2 is missing and that the accused had taken her along with him. PW1 made frantic search for her daughter and as he could not locate her, on 20.03.1998, he laid Ext.P1 First Information Statement. A case for man missing was registered and on return of the girl i.e. PW2, she narrated the experience she had at the hands of the accused and thereafter offences under Sections 366A and 376 IPC were incorporated. The victim was sent for medical examination. PW7 examined her and issued Ext.P4 wound certificate. The investigating officer recorded the statement of witnesses, seized the dresses worn by the victim and completed the investigation and laid charge before the court.

(3.) The court before which final report was laid took cognizance of the offence and on finding that the offence is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Palakkad under Section 209 Cr.P.C. The said court made over the case to Assistant Sessions Court, Palakkad for trial and disposal. The latter court on receipt of the records and on appearance of the accused, framed charges for the offences punishable under Sections 366A and 376 IPC. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution, therefore, had PWs 1 to 14 examined and Exts.P1 to P11 marked. M.O.s 1 to 5 were also got identified and marked. On the side of the defence, Ext.D1 series and Exts.D2 to D4 were marked.