SURESH BABU Vs. STATE

JUDGEMENT

(1.) The appellant is faced with conviction under S.366 IPC and S.376 IPC. He has been sentenced to undergo rigorous imprisonment for two years under the first count and rigorous imprisonment for another term of 7 years under the second count, with a direction that the sentence shall run concurrently. This is under challenge in this appeal.

(2.) PW 2 is the victim. PW 1 is her mother. The prosecution case was that PW 2, daughter of PW 1, a girl studying in 10th standard in Government Vocational Higher Secondary School, Chengannur, was missing since 16-1-1995. She went along with her younger sister to the school. She did not come back. The enquires made by PW 1 with the help of her brother, PW 8 did not produce any result. She made a complaint to the Chengannur Police on 18-1-1995. Police recorded her statement. Ext. P1 is the statement so recorded. A crime was registered for girl missing by PW 13, who registered the FIR, Ext. P1(a).

(3.) While so, PW 8, the brother of PW 1 and uncle of PW 2 along with his brother PW 9 made enquires and it could be gathered from certain persons including an autorickshaw driver in Chengannur bus station that the accused along with PW 2 had gone to Ernakulam or Chalakudy were the accused did have friends. Consequently both of them made enquiries in Ernakulam. They could not detect any thing. They proceed to Chalakkudy. They went to PW 3. PW 3 told them that accused and PW 2 had been in their house. PW 3 and PW 4 are husband and wife. They also told that both of them had left their house. PW 8 and PW 9 rushed to the bus stand in Chalakkudy where, seeing them, PW 2 rushed towards them and told that accused had abducted her to that place. PW 8 and PW 9 took both PW 2 and the accused to Chengannur police station. On the way they informed PW 1 as well. PW 1 also accompanied them to the police station. Thereupon accused was arrested and PW 2 was subjected to medical examination by PW 5, who issued Ext. PW 4 certificate. Investigation was conducted. PW 13 the Sub Inspector made Ext. P10 report adding the offence under S.366 A, as according to the police PW 2 was a minor and she had been induced to go from one place to another for seducing to illicit sexual intercourse. Further investigation revealed that she had been rapped by the accused. Accordingly again a further report was filed in the Magistrate Court by PW 13 adding the offence under S.376 IPC as well.