RAJAN Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 511 of 376 of Indian Penal code. He was found guilty of the same and was therefore convicted and sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for two months.

(2.) The incident in this case is alleged to have occurred on 27.10.2007. PW7 is the victim and PW6 is her mother. On the date of the incident, it is alleged that PW7 was playing along with her friends and the accused called her under the guise of taking her for a movie. The allegation is that she was taken to the house of the accused and the objectionable acts were committed on her. PW6, the mother of the victim, when returned home in the evening, did not find the child and she went in search of the child. When she called the victim, she came out of the house of the accused. PW6 asked who were there in the house of the accused and it was replied that the accused was alone at home. After reaching home, the child refused to take food under the guise that she was having abdominal pain. In the evening, while she was being given a bath, PW6 says that she noticed nail marks on the chest of the victim. She also saw blood stains on the undergarment of PW7. When she was giving bath to the victim, she complained of pain all over the body. She was taken to a Homoeo doctor who gave medicine for the same. It is alleged that the victim was asked to get tobacco from the shop of the accused and at that point of time, she refused to do so and that was conveyed to the aunt of the child namely, PW1. On enquiry by PW1, it is alleged that the victim disclosed the incident to her and she conveyed the information to PW6. Even though PW6 and the family members had decided not to give much importance to the issue, it is stated that the issue became public and thereafter the complaint was laid by PW6 as per Ext.P5 First Information Statement.

(3.) PW12 recorded Ext.P5 First Information Statement furnished by PW6 and registered a crime as per Ext.P10 First Information Report. PW13 took over the investigation. He prepared the scene mahazar and seized M.O.1 petticoat alleged to have been worn by the victim at the relevant time. He recorded the statement of witnesses and had the victim examined by a doctor. PW11 examined the victim and furnished Ext.P8 certificate. Ext.P9 is the chemical analysis report that showed semen and spermatozoa on the petticoat. After completing the investigation, charge was laid before court.