MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed challenging the conviction and sentence imposed on the appellant in S.C.No.184/2021 on the file of the Fast Track Special Court, Mattannur.

(2.) S.C.No.184/2021 arises out of Crime No.20/2020 of Kolavallur Police Station, Kannur district, which was registered alleging commission of offence under Sec. 376(2)(l) of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC'), on the allegation that, on 24/12/2019, between 9 PM and 10 PM, the appellant/accused committed rape on PW1, a deaf and dumb lady, in the courtyard on the eastern side of the house of CW13, bearing No. TP V1/2017 at Poyiloor in Thrippangottur Amsom. On the final report being filed, the Chief Judicial Magistrate, Thalassery took the matter on file as CP 09 of 2020. After compliance with all formalities, the matter was committed to the Sessions Court, where charges were framed for the offence punishable under Sec. 376(2)(l) of the IPC.

(3.) It is the case of the prosecution that a few days after the alleged incident, PW2 (niece of PW1) found PW1 in a sad and sorrowful mood, and on enquiry, PW1 divulged the case of sexual assault and rape committed by the appellant/accused, and thereafter, based on the information given by PW2, the FIR was lodged at the Kolavallur Police Station, Kannur district. The prosecution examined PWs 1 to 10 and marked Exts. P1 to P8 documents. On closure of prosecution evidence, the appellant/accused was questioned under Sec. 313 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C.'). Thereafter, both sides were heard under Sec. 232 Cr.P.C and on finding no reason to acquit the accused at that stage, the defence was called upon to adduce evidence, if any. On the side of the defence, DW1 was examined primarily to show that there was previous enmity between the family of the victim and the family of the appellant/accused and that the victim was continuously following the accused, asking him to marry her.