GARVASIS @ JIMMY JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, accused in S.C. No. 439/2004 on the file of the Court of the Additional Sessions Judge (Adhoc-I), Ernakulam, faced trial for the offences punishable under S.376 IPC. The prosecution case against the appellant is that the appellant committed rape on PW 1 on 10-6-1998, 11-6-1998 at the residence of PW 11 and on 13-6-1998 near house No. XV/108 adjacent to the K.S.R.T.C. Bus Stand, Perumbavoor and thereby committed the offence punishable under S.376 IPC. To prove the charge against the appellant, the prosecution examined PW 1 to PW 11 and Exts. P1 to P12 were marked. Material object MO 1 to MO 4 were also marked. When the appellant was questioned under S.313 of Cr.P.C., he admitted that he had sexual intercourse with her, but added that he never threatened her and that was with her consent. Relying on the evidence adduced by the prosecution both, oral and documentary, the Trial Court found the appellant guilty under S.376 IPC and he was convicted thereunder and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- and in default to undergo simple imprisonment for one year under S.376 IPC. The benefit under S.428 Cr.P.C. was granted. The above conviction and sentence awarded against the appellant are assailed in this appeal.

(2.) Since the appellant is in jail, the appeal has been filed by him through the jail authorities. As the appellant has not defended his case by his own counsel, State Brief was appointed to defend the case of the appellant.

(3.) This Court heard learned counsel for the appellant as well as the learned Public Prosecutor.