LAWS(KER)-2013-3-127

SREEKUMAR Vs. STATE OF KERALA

Decided On March 14, 2013
SREEKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE accused was prosecuted for the offences punishable under Sections 450 and 376 of the Indian Penal Code. He was found guilty on both counts and therefore convicted and sentenced to suffer rigorous imprisonment for a period of eight years and to pay a fine of Rs.10,000/- and in default of payment of which to suffer rigorous imprisonment for a period of six months for the offence punishable under Section 376 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- and in default of payment of which to suffer rigorous imprisonment for a period of six months for the offence punishable under Section 450 IPC. It was also directed that if the fine amount is realised, a sum of Rs.15,000/- will be given to PW1 as compensation. Set off as per law was allowed.

(2.) PW 1 is the victim in this case. She was aged 13 years at the relevant time. The incident is said to have occurred on 23.03.1998 at about 5.30 p.m. The allegation is that on that day, the victim namely, PW1 had gone to the nearby canal to take bath and while she was taking bath, the accused reached there and caught hold of her skirt. She objected to his conduct. After taking bath, PW1 returned home and while she was drying her hair, it is stated that the accused reached the place and caught hold of her, took her forcibly inside the house and ravished her.

(3.) THE Judicial First Class Magistrate Court-I, Neyyattinkara before whom final report was laid took cognizance of the offence. On finding that the offences are exclusively triable by the Court of Sessions, the learned Magistrate committed the case to Sessions Court, Thiruvananthapuram under Section 209 Cr.P.C. The said court made over the case to Assistant Sessions Court, Neyyattinkara for trial and disposal. The latter court, on receipt of the records and on appearance of the accused, framed charges for the offences punishable under Sections 376 and 450 of IPC. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution had, therefore, examined PWs 1 to 13 and had Exts.P1 to P12 marked. M.O.s 1 to 3 were also identified and marked.