SUNIL S/O YESODHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant-accused was prosecuted for the offences punishable under Sections 457, 511 of 376 and 325 of Indian Penal Code. He was found guilty of the offences punishable under Sections 451, 325 and 511 of 376 IPC. The appellant was convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- for the offence punishable under Section 451 IPC and was sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.3,000/- for the offence punishable under Section 325 IPC and also to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- for the offence punishable under Section 511 of 376 IPC. The sentences were directed to run consecutively.

(2.) The incident which gave rise to the case occurred on 01.10.1998 at about 9.40 p.m. The victim is PW1 whose husband at the relevant time was working at Kashmir as a Military personnel. She was residing in the house with her two children. On the date of incident and at the relevant time, she had gone to the bathroom which is situated outside the house but adjacent to kitchen. The allegation against the accused is that when PW1 was coming out from the bathroom, the accused pushed her inside the bathroom and tried to commit rape on her.

(3.) The learned Judicial First Class Magistrate Court, Karunagappally before whom final report was laid took cognizance of the offence. On finding that the offence is one triable by the Court of Sessions, Kollam, the learned Magistrate committed the case to the said court and then the Sessions Court, Kollam made over the case to the Principal Assistant Sessions Court, Kollam for trial and disposal. The latter court framed charges for the offences punishable under Sections 457, 325 and 511 of 376 of the Indian Penal Code. The accused pleaded not guilty to the charge. The prosecution examined PWs 1 to 6 and had Exhibits P1 to P5 marked and M.Os I and II were also identified and marked. After closing the prosecution evidence, the accused was questioned under Section 313 of the Code of Criminal Procedure. The accused denied all the incriminating circumstances against him and maintained that he is innocent. The further case is that at the relevant time, he was not at the place of occurrence and his elder brother who look exactly like him was in the habit of going to the house of PW1 to watch Television. On hearing the hue and cry, the people gathered and he also reached the site and he took his brother away. Long time thereafter when he received summons from the court, then only he came to know that he is arrayed as accused.