DHANANJAYAN Vs. STATE

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Sections 376(f), 377 and 506(i) of Indian Penal Code and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. After trial, he was found guilty of the offence punishable under Section 376 (2)(f) alone and he was convicted and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000/- with a default sentence of rigorous imprisonment for one year. Set off as per law was allowed.

(2.) P.W.2 is the victim, who was aged above nine years at the relevant time, and P.W.1 is her mother. The incident is alleged to have taken place on 25.1.2006 in the house of P.W.7. On the date of the incident, the accused was present in the house of P.W.7. The prosecution case is that P.W.2 used to supply milk to the house of P.W.7 and as usual, on the date of the incident she had gone to the house of P.W.7 to supply milk. After placing the milk at the varenda of the house, while she was returning home, she was called by the accused and taken inside the house of P.W.7. At the relevant time, P.W.7 had gone for bath. The accused is alleged to have taken the victim inside the house and gave her bread with something coated on it which, according to the prosecution allegation, on consumption made P.W.2 drowsy. The allegation is that thereafter the accused committed rape on her. On the date of the incident P.W.2 came home early from school and on P.W.1's enquiry she was told by P.W.2 that she was suffering from abdominal pain. Later on, it was revealed by P.W.1 that her daughter had been violated. As P.W.2 complained of abdominal pain, she was taken to hospital and she was given medicine. Finally on 4.2.2006, P.W.1 laid Ext.P1 first information statement. That was recorded by P.W.17 who registered crime as per Ext.P17 FIR. P.W.18 took over investigation. He had the victim sent for medical examination by P.W.10 and 16 and obtained Exts. P8, P9 and P16 certificates. He prepared Ext.P5 scene mahazar and had M.O.6 seized. He had also seized the clothes alleged to have been worn by the victim at the relevant time as M.Os. 1 to 3. After arrest of the accused, he had the accused sent for potency test and obtained the necessary certificates. He had also the clothes seized. P.W.18 caused the materials seized during investigation to be sent for forensic examination and obtained Exts.P19 and P21 reports. He recorded the statements of witnesses. His successor-in-office, P.W.19, continued the investigation and he, on finding that offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act may be made out, had filed a report to that effect. Investigation was completed and final report was laid.

(3.) The court, before which the final report was laid, took cognizance of the offence. Finding that the offences are exclusively triable by a Special Court, the said court committed the case to Special Court, Thodupuzha under Section 209 Cr.P.C. On receipt of records and on appearance of the accused before the Special Court, the said court framed charge for the offences initially made mention of. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution therefore had P.Ws.1 to 20 examined and had Exts.P1 to P22 marked. M.Os. 1 to 7 were got identified and marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. He also added that he was a sympathizer of Communist Party, while the parents of P.W.2 belong to the Congress camp. According to him, due to political rivalry, he had been falsely implicated. He asserted that he is innocent. Finding that he could not be acquitted under Section 232 Cr.P.C., he was asked to enter on his defence. He chose to adduce no evidence.