ARUN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted for offences punishable under Sections 450,323,324,354,506(i) and 376 IPC in SC No.32/2012 of the Additional Sessions Judge(Adhoc I),Ernakulam, is the appellant herein.

(2.) The allegation of the prosecution is that the defacto complainant, who is a widow with two children, was residing with her children in a house. The accused was known to her as the close friend of her deceased husband. It is alleged that on 9/5/2010 at about 10.30 p.m., the accused, with an intention of outrage her modesty and to commit rape on her, trespassed into the residential house, pushed her down by gagging her mouth and nose and forcefully committed rape on her. This was reported to her sister and her husband, who were residing away. On the next day morning, they came to the house of the de facto complainant and thereafter they proceeded to the nearby police station and laid the FIR. She had complained that, in the course of committing the rape, she sustained injury on her cheek and on the left side of her chest.

(3.) After completion of the investigation, final report was laid and the accused, who pleaded not guilty, faced the trial. On the side of the prosecution, PW1 to PW8 were examined and Exhibits P1 to P15 were marked. M.Os 1 and 2 series were identified.