ABDULLA @ PUTHU AND ORS Vs. STATE OF KERALA

JUDGEMENT

(1.) Two persons were prosecuted for the offences punishable under Sections 366, 376, 506(I) read with Section 34 of Indian Penal Code and Sections 3(1)(xi), 3(1)(xii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Both the accused were found guilty of the offences under Sections 366 and 506(I) read with Section 34 IPC and Section 3 (1)(xi) and 3(1)(xii) of SC & ST (PA) Act. In addition to this finding, the 2nd accused was found guilty of offence punishable under Section 376 IPC. Both the accused were sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.3,000/- each with default clause of rigorous imprisonment for six months each under Section 366 IPC and six months each under Section 506(I) read with Section 34 IPC. The 2nd accused was also sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for six months under Section 376 IPC. They were also sentenced to undergo rigorous imprisonment rigorous imprisonment for two years and to pay a fine of Rs.2,000/- each with default clause of rigorous imprisonment for three months each for the offences under Sections 3(1)(xi) and 3 (1)(xii) of SC & ST (PA) Act. It was also directed that the substantive sentences shall run concurrently and set off as per law was allowed.

(2.) PW1 is the victim in this case. The incident which gave rise to the case is alleged to have occurred while she was working in the house of one Jameela. In fact, the statement furnished under Section 164 Cr.P.C to PW10 discloses the offences involved in the case. On getting the records, PW11 registered a case against the accused persons. The allegation is that the accused Nos.1 and 2 used to take the victim namely, PW1 from the house of Jameela and used to commit sexual assault on her against her wish and desire. Ultimately, she revealed the incident to Jameela and going by the allegations Jameela seems to have played a trick on the accused persons claiming that the victim had become pregnant due to their act and asked money from them to take her to the hospital.

(3.) PW11 took over the investigation and he had the victim examined by PW9 and obtained Ext.P8 certificate. He recorded the statement of witnesses, seized the materials during investigation and had them sent for chemical examination and after completing the investigation, laid charge before court.