O C PAVITHRAN Vs. STATE

JUDGEMENT

(1.) The accused, in this case, was prosecuted for the offences punishable under Sections 376, 450 and 323 of the Indian Penal Code. On trial, he was found guilty on all counts and therefore, he was convicted for the offences. He was sentenced to undergo rigorous imprisonment for six years and to pay a fine of 30,000/- with a default clause of two years rigorous imprisonment for the offence under Section 376 of IPC. He was sentenced to undergo rigorous imprisonment for two years for the offence under Section 450 of IPC and six months for the offence under Section 323 of IPC. The sentences were directed to run concurrently. Set off as per law was allowed.

(2.) The incident which gave rise to the case occurred on 21.09.2006. PW1 and the victim, PW2 are sisters. PW3 is their mother. At the relevant time, PWs 2 and 3 and the brother of PWs 1 and 2 were residing together. PW1 was married and was staying in her matrimonial home.

(3.) The prosecution allegation is that on the date of incident, at about 4.00 P.M., the accused went over to the house of the victim and asked for a glass of water. PW3, the mother who was sitting nearby indicated that the house of a close relative of the accused was nearby and why should not he go there for water. That is said to have infuriated the accused who is alleged to have forced himself into the house and after throwing PW3 on the floor, carried PW2 inside the house and ravished her. In the night, when the brother of PW2 reached home, he was informed about the incident. He contacted PW1 and informed her that something has been done by the accused to the victim. PW1 came home and asked PW2 about what had transpired. She was able to gather the information that the accused had ravished PW2. PW1, being a nurse by profession then working at Medical College Hospital, Kannur, took the victim to the hospital. The intimation was sent to the Police concerned. Getting the information, the Station House Officer authorized PW11 to record the statement of the victim. He went over to the hospital and found that the victim namely PW2 was incapable of giving legible statement and therefore, he recorded the statement of PW1. He returned to the Station. Based on Ext.P1, First Information Statement recorded by PW11, PW12, the Station House Officer registered crime as per Ext.P10, FIR. He prepared Ext.P5 scene mahazar. In the meanwhile, he had sent PW2 for medical examination. PW4, the doctor who examined PW2 has issued Ext.P3 certificate. PW8, the doctor, who was treating the victim for her mental ailment, issued Ext.P7 certificate and Ext.P8 is the prescription alleged to have been given by him. PW12 seized MOs 1 to 3 as per respective mahazars and he recorded statement of witnesses. Investigation was taken them over by PW13 who recorded statements of other witness, had the materials seized during investigation sent for FSL report and procured Ext.P14 report. He, finding that the offences under Section 450 and 323 are also made out, filed Ext.P15 report before court. He obtained Ext.P17 certificate, completed investigation and laid charge before court.