P.P. PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused who was convicted by the Additional Sessions Judge(Adhoc -II), Ernakulam in S.C. No. 656/2010 for offences punishable under Sections 376 and 506(i) IPC is the appellant herein.

(2.) THE case of the prosecution was that on 23/5/2010 at about 3 O'clock, the prosecutrix, who is a widow aged 30 years and mother of two children, had gone to a nearby stream to wash her dress and to bathe. After bathing and while she was engaging in wiping her hair with a towel, wearing the underskirt, one person caught hold of her from behind. She got frightened and cried aloud. He immediately gagged her mouth and directing her to keep quiet, dragged her to a deeper area, immersed her head in the water and on getting suffocated, she was lifted. When she cried for help, he threatened to kill her and directing her to keep quiet, he again immersed her head in the water and lifted her up. In the meanwhile, he directed her to keep quiet and again threatened that if she resisted, he would kill her. Thereafter she was laid on the bund of the stream with her legs falling into the water and committed rape on her. Thereafter, he left the place. Since her dress got dirty, she washed it and proceeded to her house crying. She informed the matter to her mother, who in turn conveyed it to a neighbour and after discussion, they decided to lodge a complaint. Since it was late by that time, she proceeded to the police station on the next day and laid Ext. P1 FIS at 4 p.m.

(3.) THE court below, on an evaluation of the available materials, concluded that offence under Section 307 was not made out, however he was found guilty for offence punishable under Sections 376 and 506(i) IPC. He was sentenced to undergo RI for ten years and to pay a fine of Rs. 25,000/ - with a default sentence of six months for offence punishable under Section 376 IPC. For offence proved under Section 506(i), he was directed to undergo RI for one year. It was directed that both the sentences shall run concurrently and that he was entitled for set off.