RATNAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against a judgment passed by the Special Court for trial of offences against women and children, Thalassery (for short 'the trial court') on 18/6/2018 in SC No.684/2014.

(2.) The appellant is the sole accused involved in the case. He was chargesheeted by the police for offences punishable under Ss. 376, 448 and 366A of the Indian Penal Code, 1860 (for short 'the IPC'). The trial court framed charge against the accused for the above offences. Charge was read over to the accused to which he pleaded not guilty. Thereupon, the trial was commenced.

(3.) The prosecution examined PWs 1 to 23 and marked Exts.P1 to P19. The accused did not adduce any evidence. Based on the evidence adduced, the trial court found the accused guilty for the offences punishable under Ss. 376 and 448 IPC and convicted and sentenced him to undergo rigorous imprisonment for 14 years and to pay fine of Rs.1,00,000.00 (Rupees One lakh only) under Sec. 376 of IPC and in default of payment of fine, to undergo rigorous imprisonment for a further period of one year. He was also sentenced to undergo rigorous imprisonment for one year under Sec. 448 IPC. The substantive sentences were ordered to run concurrently. The period of detention already undergone by the accused from 05/08/2006 to 16/11/2007, 13/11/2008 to 25/11/2008, 03/09/2014 to 23/09/2014 and 21/09/2016 till 18/6/2018 was ordered to be set off against the substantive term of imprisonment. The fine amount on realisation was directed to be paid as compensation to PW5 under Sec. 357(1)(b) of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'). The accused was found not guilty for the offence under Sec. 366A IPC and was acquitted.