RAJESH K. R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The instant appeal is preferred challenging the finding of guilt, conviction and sentence passed by the Court of Sessions, Kottayam, in S.C.No. 133 of 2019 on the files of the said court. In the above case, the appellant was accused of committing maternal incest and he was charged under Sec. 376(2)(f) & (n) of the IPC. By the impugned judgment, he was found guilty and was sentenced to undergo imprisonment for life and to pay a fine of Rs.25,000.00 for the offences charged.

(2.) According to the prosecution, the survivor, who is the mother of the appellant, had three sons. The appellant was residing with his mother in house bearing No. 125 in Ward No.VIII of Vazhappally Grama Panchayat. As per the charge, on 29/8/2018, at about 9.30 p.m., the appellant committed rape on PW1 on multiple occasions till the dawn on the next day.

(3.) On 6/9/2018 at 1.55 p.m., PW1 went to the Changanassery Police Station to lodge the statement. However, on reaching the Police Station, she collapsed and was therefore rushed to the Government General Hospital, Changanassery. While in the casualty, Ext.P1 statement of PW1 was recorded by PW11, the Senior Women Police Officer, and based on the same Ext.P12 FIR in Crime No.1958 of 2018 was registered under Ss. 376(2)(f) and 376(2)(n) of the IPC. Thereafter, the investigation was taken over by PW13, the Circle Inspector of Police, Changanassery Police Station. On 6/9/2018, the appellant was arrested as per Ext.P13 arrest memo. Measures were taken by the medical professional to conduct the examination of the survivor as well as the accused. Samples of body fluids were forwarded to the Forensic Science Lab. The 164 Statement of the victim was recorded and after completing the investigation, the final report was laid before the jurisdictional Magistrate, Changanassery.