THOMAS ALIAS THOMACHAN 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 house of Kozhithanath Kunjeep.

(3.) The first information in this case was given by the victim of the offence at about 10.30 p.m. on 24-8-1989 at the Idukki Police Station before PW-16 the Head Constable who registered the above Crime No. 170/89 against the respondent for an offence punishable under Section 376, I.P.C. The Circle Inspector of Police conducted investigation and after completing the investigation laid charge-sheet against the respondent before the Judicial Second Class Magistrate, Thodupuzha. The Judicial Second Class Magistrate, Thodupuzha, after preliminary enquiry, committed the case to the Court of Sessions, Thodupuzha as per order dated 11-5-1990 in C.P. No. 1/90. The Sessions Court, Thodupuzha made over this case to the Assistant Sessions Court, Thodupuzha for trial and disposal. The Assistant Sessions Court, Thodupuzha, after trial, found the appellant guilty of the offence punishable under Section 376, I.P.C. convicted and sentenced him to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of 2 years and directed to pay Rs. 4,000/- to the victim being compensation under Section 357, Cr. P.C. The accused filed this appeal challenging the finding of guilt, conviction and sentence entered by the lower Court.