LAWS(KER)-2017-8-283

RATHEESH Vs. STATE OF KERALA

Decided On August 17, 2017
RATHEESH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 376 of the Indian Penal Code in S.C. No. 185 of 2006 of the Court of Session, Palakkad.

(2.) The prosecution case is that at about 11.00 a.m. on 03.10.2004, at the cashew garden behind the Thenkurissi High School, the accused subjected a girl aged 15 years to sexual intercourse without her consent and against her will. The victim was a student of 8th standard at that time. It appears that the appellant developed intimacy with her to trap her for sexual abuse, this developed into an illicit connection between them, and on a false promise that he would marry her, the accused took the girl by deceitful means to the said cashew garden, and despite her resistance and objection, the accused satiated his lust on her. This continued for sometime, and the girl became pregnant in the said illicit affair. When the pregnancy exposed itself, and it was about six months, the parents of the girl came to know of the facts, and when the accused disowned everything on being questioned, the girl made a complaint before the Police alleging sexual exploitation amounting to rape. On the said complaint, the Police registered the crime, and after investigation, the Police submitted final report under Section 376 IPC.

(3.) On committal, the case came up before the Court of Session, from where it was made over to the learned Additional Sessions Judge (Ad-hoc-I), Palakkad, for trial and disposal.