SUBASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused facing trial in SC No. 688/2014 of the Additional Special Court, Ernakulam, for offences punishable under sections 376(2) (1) and (n) of IPC.

(2.) It was alleged by the prosecution that, the petitioner herein committed rape of a victim, who was less than 18 years old and suffering from minor mental disability. She was a student of 10th standard. It was alleged that, the accused, who was distantly related to her, used to occasionally visit her house. On a day in June 2013, the accused allegedly went to her residence, when she was alone and violently raped her. He repeated it on five other occasions under the threat that, the earlier incident would be disclosed to others. She became pregnant and FIS was laid. Crime was registered and the petitioner herein is charged with offences as mentioned above.

(3.) Available records indicate that, victim had delivered a baby which was given in adoption. In the course of trial, the petitioner herein denied the allegation against him. It was contended that, he had not committed rape of the victim and he was sought to be falsely implicated. It was also contended that, he was not the father of the child and to establish his innocence, he had offered to undergo DNA test, even at the time of investigation. His request for DNA test was refuted by the investigating agency.