A.R. RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused faced trial for offence punishable under Section 376 IPC. He was found guilty. He was therefore, convicted and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for one year. It was also directed that if the fine amount is paid or realised, the entire fine amount shall be paid to PW1 as compensation. Set off as per law was allowed.

(2.) PW 1 is the victim in this case. She resides with her parents. The accused, Ramachandran is a mason by profession and the victim PW1 goes as his helper. The allegation is that about 10 months prior to the date of laying of F.I. Statement i.e. Ext.P1, while going for construction work along with the accused, the accused is alleged to have taken her to a plantain garden of one Padmanabhan Nair and raped her against her will. She conceived and it is alleged that the accused had promised to marry her if she did not reveal the incident to anybody. When she missed her periods she informed the matter to the accused who advised her that they will go and see Doctor. Later she developed abdominal pain and she was taken to the hospital. The Doctor disclosed that she was pregnant. She was taken to a Government Hospital at Mananthavady and she delivered a child. PW1, the victim in this case laid Ext.P1 First Information Report thereafter. It was recorded by PW7 who registered crime as per Ext.P1(a) FIR. PW1 was examined by one Doctor Sukumaran who was not available for examination at the time of trial and Ext.P8 certificate issued by the said Doctor was proved through PW10. PW11 took over investigation. He prepared scene mahazar; recorded statement of investigation and laid charge. The court before whom Final Report was laid took cognizance of the offence and found that the offence is exclusively triable by a court of sessions. The said court committed the case to sessions court, Wayanad for trial and disposal. The said court framed charge for offence punishable under Section 376 IPC and under Section 3(2)(v) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. To the charge the accused pleaded not guilty and claimed to be tried. The prosecution had PWs.1 to 12 examined and Exts.P1 to P8 marked. After the close of the prosecution of evidence, the accused was questioned under Section 313 Cr.P.C. He denied all incriminating circumstances appearing 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 defence. He did not adduce any evidence.

(3.) THE learned counsel appearing for the appellant pointed out that a mere reading of the evidence of PW1 taken along with Ext.P1 will leave one in no doubt that if at all there was a physical contact it was with the consent and co-operation of the victim itself. The long delay in lodging the FIR and the fact that even after the first incidence it is alleged to be against the will of the victim, she had gone along with him for work without any demur. It shows that the allegation that the first incidence was against her will is not true. Drawing attention to the evidence of PW2 it is contended that the sole reason for delaying the complaint is that the accused was not maintaining the child and by a reading of evidence of PWs.1 and 2 it could be seen that there was no act of rape. It is true that PW1 may be an illiterate rustic lady. There is no medical evidence available in this case which shows that there was forcible sexual intercourse from the part of the accused on the victim. The finding of the court below is based on the evidence of PW1. On a reading of her evidence, as a whole, according to the learned counsel, it is difficult to say that it stands scrutiny. If that be so, the court has to look for corroboration and there is none in the case on hand. Accordingly, it is contended that it is extremely hazardous to come to a conclusion solely based on the evidence of PW1 that the accused was guilty.