THOMAS @ THOMAEHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE ac­cused in Sessions Case No. 32 of 1990 on the file of the Assistant Sessions Court, Thodupuzha has filed this appeal chal­lenging the judgment dated 25-2-1993.

(2.) THE accused was prosecuted for an offence punishable under Section 376, I.P.C. on the basis of the charge-sheet laid by the Circle Inspector of Police, Idukki in Crime No. 170 of 1989 of the Idukki Police Station alleging that the appellant com­mitted rape on a woman by name Aleyamma without her consent at about 9.15 p.m. on 24-8-1989 at the road in front of the houseof Kozhithanath Kunjeep.

(3.) THE prosecution case is as follows : P.W. 1, the victim of the offence, Aleyam-ma is an active worker and office-bearer of the 'Janadhipathya Mahila Association' which is a ladies' organisation of the Mar­xist Communist Party. The Association organised propagation processions in three wings in the Idukki District on 24-8-1989. The procession in one wing was led by an Advocate Smt. Mary Syriac, who was also an office-bearer of the organisation and examined as P.W. 2 in this case. P.W 1 prosecutrix, her friend Mrs. Leela Sukumaran and others ladies had par­ticipated in the procession on 24-8-1989. Late in the evening, P.W. 1 and Leela Sukumaran left the procession and went home. They first went to the house of Mrs. Leela Sukumaran. They reached there at about 8 p.m. and from there Leela Sukumaran who was examined as P.W. 3, her daughter P.W. 4 and a boy in the neigh- bourhood P.W. 5 accompanied P.W. 1 to her house as it was in the night. While they were walking through the Mariyapuram-Thankamany road, they found the appel­lant coming driving his jeep. Leela Sukumaran stopped the jeep and asked the appellant to take P.W. 1 in the jeep to her house, P.W. 1 is the neighbour of the appellant. At that time P.W. 7 was also travelling in front seat of the jeep. The appellant agreed to give a lift to P.W. 1 and she sut on the back seat. On the way, P.W. 7 alighted from the jeep. Though the appel­lant made some amorous overture while travelling in the jeep, P.W. 1 escaped from them. Then the appellant stopped the jeep in front of the house of Kanamkombil Sunny Pappan, P.W. 1 got down from the jeep and ran along the road towards her house. But the appellant chased her and caught her by force, held her tight with the hands from behind in a bending position, removed her sari, lifted her underskirt from behind, pulled down her shuddy and satisfied his lust from behind against her will and consent on the road in front of the house of Kozhithanath Kunjeep. Immedi­ately after the incident P.W. 1 went to the house of Madathil Karunakara Pillai, who is the neighbour to the scene of occur­rence and narrated the incident to Karunakara Pillai and his wife P.W. 9 and hearing the hue and cry, P.W. 8 the hus­band of P.W. 1 came there to whom P.W. 1 narrated everything. At that time, P.W. 1 was wearing only a blouse and an under­skirt. P.W. 8 gathered her sari from the road and went to the house and immedi­ately went to the police station and lodged Ext. P.I F.I. statement.