PATHIRIKKODE SIVADASAN Vs. STATE OF KEALA

JUDGEMENT

(1.) THE accused in this case was prosecuted for the offence punishable under Section 376 of Indian Penal Code. He was found guilty. Accordingly, he was convicted and sentenced to suffer rigorous imprisonment for ten years. He was also directed to pay compensation of Rs.One Lakh under Section 357(3) Cr.P.C.. Set off as per law was allowed.

(2.) CRIME No. 80 of 1997 of Edavanna Police Station was registered on the basis of Ext.P1 complaint said to have been preferred by P.W.1, the prosecutrix. According to her, the accused, who is the son of her paternal aunt, in the afternoon of 23.11.1994 came to her house. She was alone in the house. He asked for a glass of water. While she had gone inside to take water, it is alleged that the accused caught hold of her and took her to the room nearby and ravished her. It is alleged that on two subsequent occasions she was again ravished. On all those occasions, it is claimed that the accused had promised to marry her and also had threatened her that in case she has disclosed the incidents to anyone, she would be done away or that he would not marry her. Later on, she conceived as a result of the relationship and she delivered a baby. Thereafter, the accused was asked to take P.W.1 and the child to his house, but the accused refused and a scene was created by him and his family members. The accused is alleged to have denied the paternity of the child also. The accused had made it clear that he would not marry her. Therefore, she laid Ext.P1 complaint. P.W.7, the police officer attached to the police station, who received Ext.P1, registered crime as per Ext.P6 FIR. Investigation was taken over by P.W.8. He had sent the victim for medical examination and the victim was examined by P.W.5, who issued Ext.P4 certificate. He obtained the necessary records and on 9.10.1997 the accused surrendered before him. He had the potency test conducted. He recorded the statements of witnesses and laid charge before court.

(3.) ON appearance of the accused before the said court, all formalities were completed. To the charge, he pleaded not guilty and claimed to be tried. The prosecution examined P.Ws.1 to 8 and had Exts.P1 to P7 marked. The defence had Exts.D1 and D2 were marked at the time of prosecution evidence. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out against him and maintained that he is innocent. On finding that he could not be acquitted under Section 232 Cr.P.C., he was asked to enter on his defence. The accused chose to adduce no evidence.