UMMER Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 447 and 376 of Indian Penal Code. He was found guilty on both counts and convicted for both the offences. He was sentenced to undergo rigorous imprisonment for ten years and to pay Rs. 50,000/- as compensation to the prosecutrix.

(2.) Pw1 is the victim. She had come home from her matrimonial house. On 25.07.1999, while she had gone to answer the call of nature at about 8.30 p.m., the allegation is that the accused trespassed into the urine shed and committed rape on her. She was threatened with dire consequences if she resisted. Even though she tried to wriggle out from the clutches of the accused, she did not succeed. Hearing her hue and cry, her brother happened to come to the spot which made the accused run away from the place. PW1 told them what had transpired and she was taken to the Tirur hospital. When the information was conveyed to the doctor, he insisted that they would report the incident to the police and informed that without police requisition, he would not examine her.

(3.) Therefore, PW1 went to the Police Station and laid Ext.P1, First Information Statement. The crime was registered on the basis of the First Information Statement.