SAJU S/O LAKSHMANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) An extremely fortunate and lucky accused who was prosecuted for the offence punishable under Section 376(f) of Indian Penal Code and was convicted and sentenced only for the offence under Section 511 of 376(2)(f) IPC, being disappointed with such a casual attitude displayed by the court below, has approached this Court in appeal.

(2.) PW1 is the victim in the case. She was studying in the 6th standard at the relevant point of time. On the date of the incident, while she was on her way back to home from school, the accused is alleged to have followed her and dragged her near to a dilapidated building and ravished. The girl, after reaching home, conveyed the information to her parents and soon Ext.P1 First Information Statement was laid. PW10 recorded Ext.P1 from the hospital where PW1 was under treatment and registered a crime as per Ext.P8 First Information Report. The girl was examined by PW7 who issued Ext.P5 certificate.

(3.) Investigation was taken over by PW11. He seized the clothes said to have been worn by the victim at the relevant time as per Ext.P2 mahazar. He also seized the clothes of the accused under Ext.P3 mahazar. He arrested the accused and had him subjected to potency test and obtained necessary certificate. He recorded the statement of witnesses and his successor in office completed the investigation and laid charge before court.