AJAYAN M K @ KUNJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted for offence punishable under Section 376 IPC in SC No.235/2010 of the Additional Sessions Court, (Special) Kottayam, has preferred this appeal.

(2.) The allegation of the prosecution was that on 14/3/2008 at about 9.45 p.m. the accused committed rape on the victim, who was a married woman with one child, at her residence. The accused was the friend of the victim's husband. The accused was an autorickshaw driver, who used to bring the husband to the house of the victim in drunken condition. On the relevant day, after dropping the husband and making him sleep, he committed rape on her. It was further alleged that, thereafter while she was bathing, he took her photographs on mobile, which was shown to her and by black mailing her, he continued to commit rape on her till 6/11/2009. In the meanwhile, she shifted her residence to other places wherein also, it is alleged that, he continued to have physical relationship with her against her will. She gave birth to a second child on 17/12/2008.The accused allegedly informed the husband about the paternity of child and the matrimonial relationship got strained. Thereafter, the FI Statement was laid on 10/12/2009, pursuant to which crime was registered. After investigation, the final report was laid. The accused appeared and pleaded not guilty. On the side of the prosecution, evidence was let in the form of oral testimony of PWs 1 to 15 and Exts.P1 to P16. MOs 1 to 3 were identified. The court below, on an evaluation of the entire inputs, concluded that the accused had committed offence alleged, convicted and sentenced him to undergo rigorous imprisonment for eight years and to pay a fine of Rs.10,000/- and in default to undergo rigorous imprisonment of three months more.

(3.) The accused has challenged this conviction and sentence in this appeal. Heard both sides and examined the records.