K T SAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused who was prosecuted for the offences punishable under Sections 450, 506 and 376 of Indian Penal Code was found guilty of the offences under Sections 450 and 376 IPC. He was therefore convicted and sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for six months for the offence under Section 450 IPC and was also sentenced to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000/- with default clause of rigorous imprisonment for two years for the offence under Section 376 IPC. The substantive sentences were directed to run concurrently. It was also directed that if the fine amount was

(2.) The incident in this case is alleged to have occurred on 02.01.2004. PW1 is the victim, PW2 is her sister and PW3 is her mother. PW3 along with her husband and four children were residing together. PW1, the victim is her second child. It is revealed that PW1 is mentally retarded. During day time, the victim is alone at home and on 02.01.2004, at about 4.30 p.m, it is alleged that when PW2 returned from school and called PW1, she saw the accused running away through the kitchen door and when she entered inside and asked PW1 what had happened, PW1 is said to have stated what had transpired inside the house. PW2 is said to have asked PW1 not to reveal the incident to their mother and it is also stated that PW1 was threatened by accused with dire consequences in case she revealed the incident to anybody. On the date of the incident, it was revealed to PW3 by PW2. On 05.01.2004, PW3 went to the Police Station and laid Ext.P1 First Information Statement.

(3.) Pw6 registered the First Information Statement furnished by PW3 and registered a crime as per Ext.P4 First Information Report. PW7 took over the investigation. He had PW1 sent for medical examination and she was examined by PW4 who prepared Ext.P2 certificate. He seized the dress of the victim as per Ext.P6 mahazar and had the materials collected during investigation sent for chemical examination and obtained Ext.P7 certificate. He recorded the statement of witnesses, completed the investigation and laid charge before court.