THOTTAKKARA CHATHAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner stands convicted and sentenced in a case instituted on a police report alleging commission of offences punishable under S.452 and 354 of the Indian Penal Code.

(2.) The allegation against the accused is that he, with the intention of causing hurt or assault, outraging the modesty of PW 2, a mentally challenged female, then aged 22 years and having made preparation therefor, criminally trespassed into her residence at about 1.00 p.m. on 19/06/1996, while she was alone; her mother PW 1 having then gone to the village office; overpowered her and outraged her modesty and left the scene when the victim cried out.

(3.) Apart from the victim and her mother; their immediate neighbours, PW 3 and her son PW 4; PW 5, the witness to Ext. P2 - scene mahazar; PW 6, the doctor who examined the victim and issued Ext. P3 wound certificate; PW 7, the Police Officer, who identified the police papers and stated that the Investigating Officer - CW 10 - is no more; were examined.