UNNIKRISHNAN ALIAS UNNI Vs. STATE

JUDGEMENT

(1.) One of the virtues of a man is not to covet another's wife. Saint Thiruvalluvar wrote two thousand years ago in 145th couplet of 'Thirukkural' as follows:

(2.) The appellants are accused Nos. one and two respectively in S.C.No.18 of 2004 on the file of the learned Sessions Judge [Mahalir Needhimandram], Coimbatore. The trial court by judgement dated 23.03.2005 convicted the 1st appellant/A1 for offences under Section 366, 376 and 506 of IPC and sentenced him to undergo R.I. for 10 years and to pay a fine of Rs.10,000/- in default to undergo S.I. for 1 year for the offence under Section 366 of IPC; to undergo R.I. for 10 years and to pay a fine of Rs.25,000/- in default to undergo S.I. for 1 year for the offence under Section 376 of IPC; and to undergo R.I. for 2 years for the offence under Section 506 of IPC. The 2nd appellant/A2 has been convicted for the offence under Section 376 r/w 109 of IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.25,000/- in default to undergo S.I. for 1 year. She has been acquitted of the charge under Section 506 of IPC. Out of the above fine amount, a sum of Rs.25,000/- has been ordered to be paid as compensation to the victim [P.W.1]. Challenging the said conviction and sentence, A1 and A2 are now before this court with this criminal appeal.

(3.) The case of the prosecution as spoken to by P.W.1 is as follows:- P.W.1 [the victim] is the wife of P.W.2. At the time of occurrence she was 31 years old. The marriage between P.W.1 and P.W.2 was celebrated in the year 1987. They have got two children. P.W.3 is the mother of P.W.1. P.Ws.1 and 2 were residing at Manankulambu village in Kerala State. P.W.3 was residing at Coimabtore. A1 is a tenant of a portion of the house belonging to P.W.3. A1 was running a television shop in the said rented premises. In order to celebrate the marriage of the brother of P.W.1 arrangements were underway. For the said purpose, P.W.2 had come to Coimbatore and stayed along with P.W.3 at her house. During her stay, P.W.1 used to visit Sai Baba temple at Coimbatore frequently for darshan.