K.,RAGHAVAN NAMBIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision arises from the concurrent finding of guilt of the revision petitioner as the first accused in Crime No.361 of 1998 of Iritty Police Station for offence punishable under Section 376 of the Indian Penal Code.

(2.) The facts discernible from record reveals a case having a long history. A 14 year old minor girl was employed as a housemaid in the house of the revision petitioner herein, who was a Jail Warden at that point of time. The girl was employed for the previous six years. It is alleged that sometime six months prior to the date of FI statement, the accused had committed rape of the minor girl. She became pregnant and when this was reported to the first accused, he took her to the hospital of the second accused, who was a qualified gynecologist, licensed to perform medical termination of pregnancy and the girl underwent MTP.

(3.) Alleging that victim was aged 16 years, final report was laid against the revision petitioner herein alone as the accused as S.C.No.57 of 1989. While the trial commenced, the mother of the de facto complainant moved the Honourable High Court, alleging that proper investigation was not conducted and pursuant to the direction of this Court, further investigation was ordered. In the meanwhile, the pending proceedings in S.C.No.57 of 1989 was stayed. Thereafter, final report was laid for various offences against the second accused also as Sessions Case No.145 of 2001.