ANIL KUMAR Vs. AYYAPPAN, S/O.CHAMI

JUDGEMENT

(1.) THE accused was prosecuted for the offence punishable under Section 376 of the Indian Penal Code. He was found guilty of the said offence and was therefore convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.20,000/- with default clause of six months simple imprisonment. It was also directed that if the fine amount is realised, it shall be paid to the victim as compensation.

(2.) PW 3 is the victim in this case. She was aged, as going by the charge framed by the court, 17 years as on the date of framing of charge. According to the allegations, PW3 was alone at home on the date of the incident i.e. on 11.02.1991. The accused is said to have jumped over the fence and caught hold of her and dragged her into the room and ravished her on 11.02.1991. PW3 would say that there was bleeding as a result of the act committed by the accused. However, she washed the clothes and wore fresh clothes. She would say that out of fear, she did not initially disclose the incident to anybody including her parents and later since the accused promised her that he would marry her, she thought it not necessary to reveal the incident to anybody. However, when she was eight months pregnant, swelling appeared on her body and she was taken to the hospital. Then it was revealed that she was pregnant and on questioning by parents, she told them that it was the accused who was responsible for the same. The allegation is that the parents went to the house of the accused. The accused as well as his mother denied any relationship with PW3 and the accused refused to marry her. It is stated that a complaint was filed before the Police Station concerned and also that several complaints were sent to various authorities. The Police, however, filed a refer report and notice on which was given to the complainant. It is seen that the private complaint was filed by PW2 on 30.06.1992.

(3.) THE Judicial First Class Magistrate Court, Ottappalam, after following the procedures, committed the case to Sessions Court, Palakkad which made over the case to Assistant Sessions Court, Ottappalam for trial and disposal. Later on, the said court framed charges for the offence under Section 376 IPC to which the accused pleaded not guilty and claimed to be tried. The prosecution, therefore, had examined PWs 1 to 4 and had Exts.P1 to P9 marked.