REGHU S/O GOVINDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 450, 506(II) and 376 of Indian Penal Code. He was found guilty on all counts and accordingly, he was convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/- with default clause of rigorous imprisonment for six months under Section 376 IPC and rigorous imprisonment for three years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for three months under Section 450 IPC and rigorous imprisonment for two years under Section 506(II) IPC. The sentences were directed to run consecutively and the fine amount if realised was directed to be paid to PW1 as compensation. Set off as per law was also allowed.

(2.) PW1 is the victim in this case. She, at the relevant time, was working as Helper in the Ladies Hostel of Engineering College, Idukki. Her husband left her about 18 years back. She was staying with her daughter, Jaisamma who was working in a school at Idukki. On the alleged date, her daughter Jaisamma along with her children had gone to her husband's house. After returning from the hostel at about 6.30 p.m, she went to sleep by 10 p.m. At about 1 a.m, she felt someone catching hold of her hand and she suddenly woke up and found a person sitting near to her. He is alleged to have forcibly subjected her to sexual assault. She was threatened with a knife and also with dire consequences if she revealed the incident to anybody. She realised that it was the accused, who was familiar to her, who had done the act. Her daughter returned on 13.10.2008 and when the incident was conveyed to the daughter, she informed her brother and husband who also came to the place and thereafter Ext.P1 First Information Statement was laid by PW1.

(3.) PW10 recorded Ext.P1 First Information Statement and registered a crime as per Ext.P1(a) First Information Report. PW11 took over the investigation. He prepared Ext.P8 scene mahazar and seized the dress said to have been worn by the victim as per Ext.P9 seizure mahazar. He had the victim sent for medical examination and PW3 examined the victim and issued Ext.P2 certificate. He recorded the statement of witnesses. He had the accused arrested and subjected him to potency test. He also seized the clothes said to have been worn by the accused at the relevant time. He completed the investigation and laid charge before court.