KODAKKATTIL ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 376 of the Indian Penal Code. He was found guilty and was convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/-. It was also directed that if the fine amount is realised, an amount of Rs.15,000/- will be paid as compensation to the victim. In default of payment of fine, it was directed to undergo simple imprisonment for a period of two years. Set off as per law was allowed.

(2.) The incident which gave rise to the case is said to have occurred some time in December 1997. PW1, who is the victim, was working with the accused during the period from April 1997 to December 1997. The accused was engaged in the job of plucking nuts. According to PW1, as the accused made persistent sexual advances to her, she left the employment about two months prior to the incident. On the date of the incident, she had gone to collect firewood from a nearby hill and while she was collecting firewood, the accused is said to have come down the hill and committed sexual assault on her. PW1 would say that a complaint was given to the Melatur Police Station where a compromise was entered into and as no action has been taken by the police against the accused, a private complaint namely, Ext.P1 had been filed. Ext.P1 was forwarded for investigation under Section 156(3) of the Code of Criminal Procedure. A crime was registered and PW10 took over the investigation. He had the victim sent for medical examination and PW6 examined her and prepared Ext.P4 wound certificate. The victim was found 20 weeks pregnant at that time. He then prepared Ext.P2 scene mahazar, seized the clothes worn by the accused and the victim at the relevant time, recorded the statement of witnesses, completed the investigation and laid charge before the court.

(3.) The learned Judicial First Class Magistrate Court-II, Perinthalmanna before which final report was filed took cognizance of the offence. On finding that the offence is one exclusively triable by the Court of Sessions, the learned Magistrate committed the case to Sessions Court, Manjeri and the said court made over the case to Additional District and Sessions Court (Adhoc), Fast Track Court No.I, Manjeri for trial and disposal. The latter court, on receipt of the records and on appearance of the accused, framed charges for the offence punishable under Section 376 IPC. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution, therefore, examined PWs 1 to 12 and had Exts.P1 to P13 marked. M.O.1 series were also got identified and marked. The defence had Exts.D1 to D11 marked during examination of various witnesses.