VIJAYAN PILIAI BABU Vs. STATE KERALA

JUDGEMENT

(1.) This is an appeal against the conviction and sentence entered against the appellant in Session Case No. 84 of 1988 on the file of the Additional Assistant Session Judge, Quilon. The assused was tried for the offence punishable under Section 376 of the Indian Penal Code. He was found guilty and sentenced to undergo rigorous imprisonment for a period of 8 years.

(2.) P.W. 1, Geetha, is the daughter of P.Ws. 6 & 7. According to the prosecution, P.W. 1 was 16 years old at the time of the incident. On the date of occurrence P.W. 1 alone was in the house. P.Ws. 6 & 7 had gone for doing coolie work. The elder and the younger sister of P.W. 1 were not h the house. In the morning she went to Punalur market and purchased some fish and other household articles. After coming home she was preparing food in the kitchen. According to P. W. 1 accused Babu came from behind and caught hold of her. The accused dragged P.W. 1 to the southern side of the room and there she was made to lie on the floor. The blouse hooks were forecibly loosened her skirt and other clothes were tucked upto her waistline and the accused committed rape on her. According to P.W. 1 she resisted the assault, but she was not in a position to move. She felt pain over her abdomen and private parts. After this incident she went to a nearby shop, from where her parents used to purchase household articles. By about evening P.Ws. 6 & 7 came. P.W. 2 also was present. P.Ws. 6 & 7 took P.W. 1 to the Police Station, where she gave Ext. P.1 statement, M.Os. 1,3,4, & 5 were given to the police.

(3.) A case was registered against the accused under Section 376 of the Indian Penal Code. P.W. 16 took over the investigation. He recovered the wearing apparels of the prosecutrix under Ext. P. 6 mahazar. She was sent for medical examination. P.W. 16 also prepared a scene mahazar. He recovered a blouse and 4 blouse hooks from the scene of occurrence under Ext. P. 5 mahazar. M.O.2 series are the blouse hooks. The accused was arrested by P.W. 16. The clothes alleged to have been worn by the accused at the time of incident were also taken into custody as per Ext. P. 7 mahazar. The accused was examined by a doctor. Ext. P. 10 is the certificate in that regard.