STATE OF KERALA Vs. RAVI

JUDGEMENT

(1.) Panackal house in Chengamanad Village witnessed a shocking incident on the night on 23-12-1983. Sheela aged 9 (P.W.1) studying in the fifth standard was raped by somebody. Respondent was charge sheeted for having raped her at 8.30 p.m. in one of the rooms. The Asst. Sessions Judge felt suspicious of the prosecution case and evidence and acquitted him giving the benefit of doubt. State has come up in appeal.

(2.) If the doubt entertained by the Judge is reasonable according to the weight of the evidence and his conclusion of innocence is not perverse, this court may be slow to interference. If the view taken by the trial Judge is reasonably possible this court may not be justified in interfering even if a different view is also considered possible When two reasonable views are possible the one in favour of the accused will have to be accepted. Presumption of innocence is always there and it is not in any way weakened by the acquittal. The view taken by the trial Judge who had the advantage of seeing the witnesses will always be given due weight by the appellate court bearing in mind the fundamental rule of criminal jurisprudence that an innocent man should not suffer conviction even at the risk of many escaping. That does not mean that the appellate court has no power to interfere. Powers are there but it will be exercised only in exceptional cases, for example, where by wrong application of law including rules of evidence or by going against the weight of the evidence, decisions are entered or miscarriage of justice happened.

(3.) The fact that P. W. 1 was raped by somebody cannot be disputed. On the night of incident itself she was taken to a Mission Hospital at Pazhanganad with bleeding from the vagina. Ext. P 10 and the evidence of P.W. 14 show that it was detected as the result of rape which was admitted by the child. Since the condition of the child was serious she was referred on the 24th to the District Hospital, Ernakulam where she was examined by P.W.8 who issued Ext. P4 wound certificate. She had vaginal bleeding. Hymen was lacerated irregularly and edges swollen with slight bleeding. There was a lineal vertical wound 1" long and 1/2" deep on the posterior vaginal wall near the cervix with moderate bleeding/ Evidence of P. W.8 that these injuries could be the result of rape is in agreement with the evidence of P.W.1. It is clear that P.W.I was brutally raped and the crime has to be deprecated like anything.