MANIKANDAN S/O. NAGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed against the judgment in Sessions Case No. 153 of 2006 on the file of the Additional Sessions Court (Adhoc) II, Thodupuzha. The appellant faced trial for the offence punishable under Section 376 I.P.C.

(2.) THE prosecution case against the appellant was that the appellant committed rape on PW.2 at her house at 10.30 a.m. on 18.7.2004. To prove the above charge, the prosecution examined PWs.1 to 11 and produced Exts.P1 to P13 as well as MO.1. No oral or documentary evidence was adduced on the side of the defence. After closing the prosecution evidence, the appellant was questioned under Section 313 Cr.P.C. The appellant denied the allegations levelled against him and stated that the case was foisted against him by PWs.3 and 4 on account of their enmity towards him and PW.1, the father of the victim. However, the trial court relied on the evidence adduced by the prosecution and found the appellant guilty under Section 376 I.P.C., convicted him thereunder and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5000/ - and in default of payment of fine, to undergo rigorous imprisonment for a further period of six months. The above conviction and sentence are challenged in this appeal.

(3.) LEARNED Counsel appearing for the appellant submits that the trial court went wrong in relying on the evidence of PWs.2 to 4 to find the appellant guilty of the offence charged against him. Counsel further submits that the trial court ought to have considered the fact that the victim was a consenting party to the offence. Further, counsel submits that the sentence awarded by the trial court is excessive.