MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C. the appellant, the sole accused, in S.C.No.298 of 2008 on the file of the Special Court for SC/ST (POA) Act Cases, Manjeri, challenges the conviction entered and sentence passed against him for the offence punishable under Sec. 376 IPC.

(2.) The prosecution case is that the accused, a Hindu Thiyya with the intention of raping PW1, knowing fully well that she is a scheduled caste belonging to the Hindu-Cheruman community, on the promise of marriage on 25/06/2006 took her to a lodge by name Ayodhya situated by the side of VettichiraKadampuzha public road, checked into room no.115 of the said lodge and after 08:00 p.m. forcibly undressed PW1 and raped her. Hence, the accused as per the final report is alleged to have committed the offences punishable under Sec. 376 IPC and Ss. 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act) .

(3.) Ext.P1 FIS of PW1 the victim was recorded by PW12, ASI, Perinthalmanna police station, who registered Ext.P11 FIR. Thereafter, the FIR was transferred to the Kalpakanchery police station as the crime took place within the jurisdiction of the said station. PW13, ASI, Kalpakanchery police station registered Ext.P12 FIR. The initial investigation into the case was conducted by PW14, DYSP, Tirur. The investigation was thereafter taken over by PW15, DYSP, Tirur, who on completion of investigation submitted the final report before the jurisdictional magistrate alleging the commission of the offences punishable under the aforementioned Ss. by the accused.