JOHN @ KUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A 64 year old male, who stands convicted for offence punishable under Section 376(2)(f) of the Indian Penal Code for allegedly committing rape on a 8 year old girl, is the appellant herein.

(2.) On 24.04.2012 at about 10.30.a.m, PW1, the mother of the victim went to the police station and laid a complaint alleging that her daughter was raped by the accused on 18.04.2012 at 3 p.m. It was recorded and crime was registered. In the course of the investigation, the accused was arrested. The crux of the prosecution case was that the accused was employed in the house of PW1 to milk the cow. On 18.04.2012 , at about 2 p.m., the accused came to the house for milking the cow. At that time, the cow had moved to a nearby place for grazing and to bring it, PW1 left the home. After some time, the little girl was sent by the accused to follow the mother and to confirm that she had proceeded to bring back the cow. After confirming the child went back. After some time, PW1 returned home with the cow. The accused left after milking the cow. Thereafter, PW1 found the child lying on bed in a disturbed condition. On enquiry, she revealed that the accused had committed rape on her and she was feeling pain. The mother checked the private part of the girl and found that she had minor injuries with blood stains. The matter was reported to her husband and after discussing with the relatives, FIS was laid. PW9 conducted the investigation and laid the final charge before the court below. The accused pleaded not guilty and demanded trial. On the side of the prosecution, PWs.1 to 10 were examined. PWs.1 to 13 were marked and MO1 was identified. The court below on an evaluation of the entire materials concluded that the prosecution had succeeded in proving the allegation against the accused, convicted and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- and in default, to undergo simple imprisonment for one year. It was further directed that if the fine amount was remitted, 75% of it shall be given to PW2, the victim.

(3.) The accused who is in jail has preferred this appeal. On his request, Adv. Anjana P. was appointed as the counsel on State Brief. Heard the learned counsel on State Brief who effectively argued the matter, which was equally effectively countered by Adv. M.G.Lisha, the learned Public Prosecutor. Examined the records.