UBAID Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was prosecuted for the offence punishable under Sections 450, 376 and 506(i) of IPC. He was found guilty on all the counts. He was therefore convicted and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- for the offence punishable Section 376 with a default clause of six months simple imprisonment. He was also sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 448 and to pay a fine of Rs. 250/- with a default clause of one month simple imprisonment. He was also directed to suffer three months imprisonment for the offence punishable under Section 506 of IPC. The sentences were directed to run concurrently and set off as per law was allowed.

(2.) PW 3, is the victim in this case. PWs 2 and 8 are her parents. The alleged incident is said to have been taken place on 14.09.1996. On that day, according to the allegations, the accused came to the house of the victim seeking a glass of water. While she had gone to the kitchen to take water, the accused is alleged to have caught hold of her and laid her on the ground and ravished her. The further allegation is that as a result of the act committed by the accused, the victim conceived and delivered a child but it did not live for long. It is alleged that complaint to the police did not yield result and ultimately on 21.08.1997, Ext.P2, private complaint was laid before the Judicial First Class Magistrate Court, Nilambur. That court forwarded the case to the police under Section 156(3) of Cr.P.C. PW10 on receipt of Ext.P2, registered crime as per Ext.P9 FIR and PW11 took over investigation. He prepared Ext.P4 scene mahazar, seized clothes worn by the accused and the victim and sent them for chemical examination. After the arrest of the accused, he had sent him for potency test. He recorded statement of witnesses, completed investigation and laid charge before the court.

(3.) THE latter court on receipt of records, framed charges for the offences punishable under Sections 450, 376 and 506(i) of IPC. To the charges, the accused pleaded not guilty and claimed to be tried. The prosecution therefore had PWs 1 to 11 examined and had Exts.P1 to P15 marked. MO 1 was got identified and marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. Finding that the accused could not be acquitted under Section 232 Cr.P.C., he was asked to enter on his defence. He chose to adduce no evidence. On an appreciation of the materials before it, the trial court found the evidence of PW3 is sufficient to show that the accused had committed rape on the victim namely PW3 and accordingly conviction and sentence as already mentioned followed. The said conviction and sentence are assailed in this appeal.