MANOJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offence punishable under Sections 376 of IPC initially along with another accused also who during the pendency of the proceedings before this Court died. Therefore, the first accused alone stood trial. He was found guilty of the offence under Section 376 and he was sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 25,000/- in default of payment of which he had to suffer rigorous imprisonment for a further period of six months.

(2.) PW1 is the victim in this case and PW2 is her mother. According to the prosecution allegation, while the victim was studying in the 6th standard, on a Friday, the first accused is alleged to have caught hold of her and ravished her. It is further alleged that this sexual assault was repeated on several subsequent occasions taking the victim to various places. The victim would also say that when she was studying in the 7th standard, on a particular day she and her friend Mufeedha while returning from school had gone to the house of one Ahammed, to take water. Mufeedha left the house after taking water and the victim remained there. The allegation is that the second accused who is no more, ravished her. He too is alleged to have repeated the acts on several subsequent occasions. Ultimately, when the victim felt severe abdominal pain, she conveyed the news to her mother.

(3.) PW1 laid Ext. P1, First Information Statement. That was recorded by PW12 who registered crime as per Ext.P1(a) FIR. Investigation was taken over by PW13. He prepared scene mahazars of the places where the incidents were alleged to have taken place. He had the victim sent for medical examination. PW8, the doctor examined PW1 and issued Ext.P7 certificate. PW13 collected the extract of the school register from the school where the victim had studied last. He recorded statements of witnesses, completed investigation and laid charge before the court.