AJIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 450, 376 and 506(II) of Indian Penal Code. He was found guilty on all counts. He was, therefore, convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- with default clause of rigorous imprisonment for one year more for the offence under Section 376 IPC. For the offence under Section 506(II) IPC, he was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- with default clause of rigorous imprisonment for six months. For the offence under Section 450 IPC, he was also sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/- with default clause of rigorous imprisonment for six months. The substantive sentences were directed to run concurrently. Set off as per law was allowed.

(2.) Pw1 is the victim in this case and the incident is alleged to have taken place on 11.03.2002. The allegation is that on that day, the mother of the victim had gone out for work and the victim was all alone at home. The accused came to the house and asked for a glass of water. When PW1 went inside the house to take water, it is alleged that the accused followed her and closed the door and later she was ravished. After the act, he threatened her with dire consequences in case she revealed the incident to anybody. On 12.06.2002, she felt giddy and began to vomit. Her mother enquired about her illness. She had to reveal the incident to her mother. On 13.06.2002, PW1 went to the PNP Memorial Hindu Medical Mission Hospital, Ponkunnam where it was confirmed that she was pregnant. The matter was brought to the notice of the community office bearers who tried to settle the matter but without success. That lead to the laying of a private complaint on 05.07.2002 by PW1. The said complaint was forwarded by the learned Magistrate for investigation under Section 156(3) of the Code of Criminal Procedure.

(3.) Pw9, the Station House Officer, on getting Ext.P1 complaint, registered a crime as per Ext.P7 First Information Report. Investigation was taken over by PW10. He prepared Ext.P3 scene mahazar and had seized the clothes as per Ext.P2 mahazar. He also filed Ext.P11 report. He had the victim examined by PW7 and obtained Ext.P5 certificate. He questioned a few witnesses. Investigation was completed by PW11 who laid charge before court.