ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.436 of 2010 on the files of the Sessions Court, Manjeri is the appellant. He was convicted as per the impugned judgment for an offence punishable under Sec. 376 of the Indian Penal Code, 1860 (IPC). He was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000.00.

(2.) The prosecution was initiated with the following allegations:

(3.) On the appellant denying the charge, the prosecution has examined PWs.1 to 7 and proved Exts.P1 to P14. MOs.1 to 4 were identified. When questioned under Sec. 313(1)(b) of the Code of Criminal Procedure, 1973 (Code), the appellant denied the incriminating circumstances. He filed a statement setting out his defence. He stated that he was unaware about the pregnancy of the victim, even when she was taken to the Medical College Hospital. He alleged that Mujeeb, son of PW5 was responsible for the pregnancy of PW1 and in order to save him, the appellant was implicated by PW1 under the persuasion of her mother, PW5. No evidence except Ext.D1, a contradiction in the former statement of PW1, was let in.