SADASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 80/2003 on the file of the Additional Sessions Court (Adhoc)-III, Thiruvananthapuram, who was found guilty for having committed the offence punishable under Section 497 of the I.P.C. and sentenced to undergo simple imprisonment for three years. Aggrieved, he is before this Court.

(2.) The facts in brief are thus: PW5, the husband of the deceased, was employed in Saudi Arabia. He had not visited the wife and daughter for more than 2 1/2 years. His wife Sobha was a Homoeo Doctor and daughter Archana was 10 years old. The accused was employed as a Photographer in the Forensic Science Laboratory and got acquainted with the deceased Sobha. It is said that their physical intimacy led to the pregnancy of the deceased. Attempts were made by the accused and Sobha to get the pregnancy aborted. The Doctor, however, dissuaded her as the fetus was already five months old.

(3.) The prosecution case is that the accused after having knowledge and reason to believe that Sobha was the wife of another man, without the consent or connivance of that man, had sexual intercourse with her and was therefore guilty of committing the offence of adultery punishable under Section 497 of I.P.C.