MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who was found guilty by the Sessions Court, Kollam in SC No.660/2010 for offence punishable under Section 376 IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenges the conviction and sentence.

(2.) The allegation of the prosecution was that the accused was the neighbour of PW1, who was a mentally challenged Hindu Kurava woman, belonging to scheduled caste. The accused belonged to Hindu Nair community and hence a non Scheduled Caste/Tribe. Both were known to each other. On 5/6/2008, while PW1 was alone at her house, the accused came to her house, gagged her mouth, forcefully took her to the adjoining bed room and committed rape on her. After he left, she ran to the nearby house of PW3. The matter was immediately conveyed to her mother, PW5 and PW2, her sister who also reached the spot. PW2 took her to the nearby police station at 4.30.p.m. and laid the FI Statement. Crime was thereupon registered. The victim was examined by PW8, who issued Ext.P6 wound certificate. The accused was arrested and after completion of the investigation, final report was laid. The accused pleaded not guilty and faced the trial before the court below. On the side of the prosecution, PW1 to PW11 were examined and Ext.P1 to P10 were marked. MOs 1 to 5 were identified. On the side of the accused there was no defence evidence, though the material contradiction portion proved by PW5 in the previous statement was marked as Ext.D1. The court below, on an evaluation of the available materials, concluded that the accused was guilty of both the offences alleged against him and convicted him for R.I. of eight years R.I. for offence punishable under Section 376 IPC and for two years for offence punishable under Section 3(1) (xi) of the SC & ST(Prevention of Atrocities) Act.

(3.) The conviction and sentence is assailed in this appeal. Heard both sides and examined the records.