AJO GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused and his mother 2nd accused were prosecuted for various offences under Sections 376, 363, 368 read with Section 34 of Indian Penal Code. After trial, 2nd accused, the mother of 1st accused, was acquitted of all the charges. However, 1st accused was found guilty of offence under Section 376 IPC and he was therefore convicted and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- with default clause of simple imprisonment for one year. It was also directed that if the fine amount was realised, the same shall be paid to PW2 as compensation. Set off as per law was also allowed.

(2.) Pw2 is the victim in this case. She is the daughter of PW1. On 11.09.2006, PW2 had gone to school as usual. But she did not reach the school nor she return home in the evening. Her father laid Ext.P1 First Information Statement when he could not locate his daughter. Ext.P1 First Information Statement was recorded by PW14 who registered a crime as per Ext.P1(a) First Information Report. PW16 took over the investigation. During his investigation, the accused and PW2 were traced and on 16.09.2006, they were brought to the Police Station. PW2, the victim was subjected to medical examination. PW8 examined her and issued Ext.P5 medical certificate. The 1st accused was also subjected to medical examination and necessary certificate was obtained. Statement of witnesses were recorded, scene mahazar was prepared, other documents were obtained and after completing investigation, charge was laid before court.

(3.) The court before which charge was laid took cognizance of the offence and on finding that the offences are exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Ernakulam under Section 209 Cr.P.C. The said court made over the case to Additional Sessions Court, Ernakulam for trial and disposal. The latter court, on receipt of records, framed charges for the offences punishable under Sections 376, 363 and 368 read with Section 34 of Indian Penal Code. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution therefore had PWs 1 to 17 examined and Exts.P1 to P18 marked. M.O.s 1 to 6 were got identified and marked.