VINOD @ VINU 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 and therefore, he was convicted and sentenced to suffer rigorous imprisonment for a period of seven years. Set off as per law was allowed.

(2.) THE incident which gave rise to the case is said to have taken place on 22.05.2004. The victim is PW2 who is a mentally retarded girl. She was aged 19 years on the relevant date. PW1 is her mother and PW4 is her sister. On 22.05.2004, PW1 had gone for work in a nearby house at about 9 a.m. At about 11 a.m, she heard a loud noise near her house and she returned home. According to PW1, PW3, a neighbour told her that while PW2 was taking water from the tap, the accused had called her to his house and ravished her. She asked PW2 about the same and PW2 confirmed the information and also stated that she was threatened with dire consequences if she revealed the incident to anybody.

(3.) THE court before which final report was laid took cognizance of the offence. On finding that the offence is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Ernakulam. The said court, on receipt of the records and on appearance of the accused, framed charge for the offence punishable under Section 376 IPC. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution, therefore, had PWs 1 to 11 examined and Exts.P1 to P10 marked. M.O.s 1 to 7 were got identified and marked.