SAJEESH Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) On a private complaint, proceedings were initiated against the accused and he was tried for the offence punishable under Section 376 of the Indian Penal Code. He was found guilty of the same. He was therefore convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of 50,000/- with a default clause of one year. It was also directed that if the fine amount was realized, the same was given to PW1, the victim as compensation.

(2.) Pw1 is the victim in this case, PW2 is her mother and PW3 is their neighbour. It is strange to note that even though a private complaint is alleged to have been filed, it is not seen marked in this case. As per the allegations, PW1, the victim and the accused were neighbours. The claim is that since the accused alone had the telephone facility in the neighbourhood, the calls that used to come for the victim and the members of her family were through the telephone owned by the accused. On the alleged date, that is on 17.05.2004, it is claimed that at about 3.30 p.m., the accused came to the house of the victim and informed her that there was a phone call for her from her sister from Kallar. The victim believed the accused and went to his house to attend the phone call. When she did not get response through the telephone, the accused represented that the call might have been disconnected. Thereafter, it is claimed that the accused sought her help for kooking rice. While she was engaged in the act of washing the rice, the accused is alleged to have come from behind and caught hold of her. She was dragged to the bedroom, threatened and ravished. On the next day, the victim claims to have revealed the incident to her mother. The information was passed on to the father also. When the father questioned the accused regarding the incident, he was threatened with dire consequences. The prosecutrix married another person. Soon after the marriage, she developed abdominal pain and on meeting a doctor, it was revealed that she was carrying. When her husband learned about the same, he brought her back to her house and snapped the relationship. On 16.02.2005, she delivered a child. It is stated that complaint was filed before the Vanitha Cell which invoke no response. Ultimately, the private complaint was laid.

(3.) After following the necessary procedure, the case was committed to the Sessions Court. The Sessions Court, Thodupuzha, made over the case to Additional Sessions Judge/Special Judge for N.D.P.S. Act cases, Thodupuzha for trial and disposal.