MEHABUL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused No. 1 is the appellant. He along with a co -worker, Hakku Bullu, were charged for offences under section 392, 376(G), 302 & S. 202 r/w S. 34 of the IPC and S. 3(2) and (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for having committed gang rape and murder and also for causing disappearance of evidence of "the deceased" (the name is withheld), a 22 year old female.

(2.) THE learned Sessions Judge, Kollam, found that the case against the 2nd accused has not been proved by the prosecution but found the appellant guilty, and holding so, convicted and sentenced him to undergo rigorous imprisonment for life for the offence under section 302. He was also sentenced to undergo rigorous imprisonment for 10 years each under section 376(2)(g) and under section 392 of the IPC. For the offence under section 201 of the IPC, he was sentenced to undergo rigorous imprisonment for a period of seven years. The accused challenges the finding, conviction and sentence in this appeal. Skeletal facts and circumstances are narrated below: - -

(3.) THE family members of the deceased were not satisfied with the Final report submitted by PW34. They filed a complaint before the Home Minister complaining that the actual culprits have not been brought to book and the accused was just a scapegoat. The case was transferred to the Crime branch as per order dated 18.10.2007 and the CBCID, Kollam was directed to conduct further investigation. PW35, the DYSP of Police CBCID, Kollam took over investigation on 29.10.2007 and based on their application, trial proceedings were stayed. Witnesses were again questioned and finally report was submitted before Court confirming the findings in the final report.