DEVARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Johnson John, J . 1. This appeal is field under Sec. 374(2) Cr.P.C., by the sole accused in S.C. No. 1070 of 2016 on the file of the Additional Sessions Judge for the Trial of Cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram challenging the conviction and sentence against him for the offence punishable under Sec. 376(2)(j) of IPC as per the judgment dtd. 17/7/2018

(2.) The prosecution case is that the accused, a member of the forward caste, committed rape on the victim, a deaf and dump lady aged 78 years, suffering from mental illness who is a member of the Scheduled Caste. The incident is alleged to have occurred in a shed attached to house No. IV/646 of Nagaroor Grama Panchayat at about 6 p.m. on 10/11/2015.

(3.) On the basis of Exhibit P1, First Information Statement of PW2, the sister of the victim, Exhibit P11, First Information Report, was registered by PW11, Station House Officer of Kilimanoor Police Station and PW14, the Deputy Superintendent of Police, Attingal, conducted the initial investigation and thereafter PW15, the then Deputy Superintendent of Police, Attingal, completed the investigation and filed the final report before the Judicial First Class Magistrate Court, Attingal