UDAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 366A and 376 of Indian Penal Code. He was found guilty of offences under Sections 363 and 376 IPC and was therefore, convicted and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- under Section 363 IPC and also sentenced to suffer rigorous imprisonment for a period of five years under Section 376 IPC. It was also directed that if the fine amount is realised, the same shall be paid to PW5 as compensation. Default clause was also added. The substantive sentences were directed to run concurrently. Set off as per law was also allowed.

(2.) PW5 is the victim in this case. She was studying in the 9th standard at the relevant time. PW2 is her brother. On 27.11.1989, as usual, the victim went to school from her house. Usually she returns home by 4.30 p.m. On the date of the incident, she did not do so. PW2 would say that he and others went in search of the victim and they reached the school and asked the teacher and they were told that she had not come to school on the day at all. They also enquired with some of the students who usually go to school along with the victim. They also replied that she had not come to school on that day. Initially PW2 believed that she might have gone to her friend's house. Unable to locate her, on 28.11.1989, Ext.P2 First Information Statement was laid.

(3.) PW9 recorded the First Information Statement furnished by PW2 and registered a crime as per Ext.P2(a) First Information Report. During investigation, the investigating officer was learnt that the victim had been enticed away by the accused and that she was subjected to sexual intercourse. Accordingly, Ext.P5 report was filed. Later on the victim and the accused were located and when they were brought to the Police Station, PW5, the victim was sent for medical examination. PW7 doctor examined the victim on 10.02.1990 and issued Ext.P4 certificate. PW9 filed a report showing the details of the accused. PW8, after verifying the records, laid charge before court.