KUNHAMMED @ MUHAMMED @ AHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused was prosecuted for the offence punishable under Section 376 of Indian Penal Code. He was found guilty. He was, therefore, convicted and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.25,000/-, in default, to suffer simple imprisonment for six months. It was also directed that if the fine amount is realised, the same shall be paid as compensation to the defacto complainant. Set off as per law was allowed.

(2.) P.W.2 is the victim in this case. She was aged more than 16 years as on the date of the incident. It seems that right from her childhood, she was attending to work in various houses and as per the prosecution allegation, she was taken as a house maid to the house of one Ahammed Haji. On reaching there, she found it difficult to continue there and wanted to return. She informed her parents and they sent the accused to fetch her back. The prosecution case is that the accused went to the house of Ahammed Haji and returned along with P.W.2. On the way, since it became too late in the night, they stayed in the house of P.W.14. The allegation is that there, in the night, the accused ravished P.W.2 twice. The next day, on reaching home, she conveyed the information to her mother, who in turn informed her father, who are P.Ws.4 and 5 respectively. She was then taken to the hospital where she was examined by P.W.1 who issued Ext.P1 certificate. On getting intimation from the hospital, P.W.10 went over to the hospital and recorded Ext.P3 first information statement furnished by P.W.2. On the basis of the said information, he registered Crime as per Ext.P3(a) FIR. Investigation was taken over by P.W.15. He prepared Ext.P8 scene mahazar and seized M.Os. 1 and 2 as per Ext.P4 mahazar. He filed Exts.P10 and P11 reports before the court. On the arrest of the accused, P.W.15 had the potency test of the accused conducted and obtained Ext.P9 certificate. He recorded the statements of witnesses. His successor-in-office P.W.16 completed investigation and laid charge before court.

(3.) The court before which final report was filed took cognizance of the offence. Finding that the case is one exclusively triable by a court of Sessions, the said court committed the case to Sessions Court, Wayanad under Section 209 Cr.P.C. The Sessions Court made over the case to Additional Sessions Court (Adhoc) II, Kalpetta for trial and disposal.