JOSEPH @ ANIYAN 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 same and was therefore, convicted and sentenced to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.25,000/- and in default of which to undergo simple imprisonment for three months. It was also directed that if the fine amount is realised, a sum of Rs.15,000/- shall be given to PW1 as compensation.

(2.) Pw1 is the victim in this case and PWs 3 and 4 are her parents. The alleged incident took place on 28.11.2004. The accused is the neighbour of the victim. On the date of the incident, according to PW1, she was called by the accused to his house and she went over to his house. There he caressed her private parts. Thereafter the child would say that she was sexually assaulted. After sometime when she pushed aside the accused, she happened to see PW2 watching the incident. It is stated that seeing that the accused told the victim that if asked she should say that she was dressing her hair. As per the allegations, on an earlier occasion also, the child has been ravished. On the date of the incident i.e. on 28.11.2004, she did not reveal the incident to any person. After her father and brother returned from Sabarimala on 03.12.2004, Ext.P1 First Information Statement was laid by PW1. PW13 recorded Ext.P1 First Information Statement and registered a crime as per Ext.P10 First Information Report. After the arrest of the accused, he prepared Ext.P4 mahazar and having seized the cloth of the accused namely, M.O.3. He had the victim sent for medical examination and she was examined by PW14, Gynaecologist of the Medical College Hospital, Kottayam who issued Ext.P14 certificate. The vaginal swab and smear collected during examination were sent for chemical examination and the report is Ext.P16.

(3.) Investigation was taken over by PW16. He prepared Ext.P2 scene mahazar and seized M.O.s 1 and 2 as per Ext.P3 mahazar. He obtained Ext.P6 extract of school admission register from PW9. He obtained Ext.P16 report from the Forensic Science Laboratory, completed the investigation and laid charge before court.