Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE17H DAY OF MARCH201426TH PHALGUNA, 1935 Crl.Rev.Pet.No. 1654 of 2010 ( ) ----------------------------- AGAINST THE ORDER
IN CRA7102006 of ADDITIONAL DISTRICT COURT, IRINJALAKUDA AGAINST THE ORDER
INCOURT, SC582004 of PRINCIPAL ASSISTANT SESSIONS ,IRINJALAKUDA REVISION PETITIONER(S): -------------------- JAYAN CHAIPPAN KUZHI DESOM, KUTTIHCIRA VILLAGE MUKUNDAPURAM TALUK. BY ADV. BINOY RAM .V. RESPONDENT/COMPLAINANT(S): --------------------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON1703-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J.
............................................ Crl.R.P. No.1654 of 2010 ............................................ Dated:
17. 03-2014 ORDER
This Revision Petition is filed by the accused challenging the concurrent verdict of conviction entered against him for offence punishable under Sec. 376 I.P.C. He was sentenced to undergo rigorous imprisonment for seven years and to pay Rs. 50,000/- as fine and in default whereof, he was directed to undergo simple imprisonment for one year.
2. The case of the prosecution is that on 23-11- 2000 at about 1.45 p.m. the victim girl was on her way back to her house. At that time, her father was away at his work place. Her mother (P.W.3) was also not present there. She had left the house to attend the meeting of the Crl.R.P. No.1654 of 2010 2 Parent Teachers' Association. Hence, she was alone in her house at the relevant time. While her mother was leaving her house, she directed P.W.1 to remain in her house. P.W.1 had closed the front and back door but she did not bolt the same from inside. Thereafter she removed her dress and put on a nighty. As she was having back pain she was resting on the cot. The accused stealthily entered the room. Though P.W.1 told the accused that her father and mother were not in the house, he told her that he wanted to talk to P.W.1. He then caught hold of her hand and prevented her from crying by closing her mouth by his hand. He kissed on her face and pressed her breast. Thereafter, the accused removed her dress and undergarments. He then forcibly had sexual intercourse with her. Though P.W1 tried to prevent the accused doing so by using force, she could not succeed. It was contended that the accused had sexual intercourse with her without her consent and against her will. Crl.R.P. No.1654 of 2010 3 3. The S.S.L.C. Book of the victim girl would show that her date of birth is 20-4-1982. Incident took place on 23-11-2000. Thus, it may be correct that she was aged more than 18 years at the relevant time. But the evidence given by P.W.1 is clear, cogent and convincing that the accused stealthily entered the room and forcibly had sexual intercourse with her. It is also stated that after the incident, neighbors found the girl (PW1) in an unconscious state and the girl was taken to Trichur Heart Hospital. On coming to know of the same, P.W.3 reached the hospital.
4. The evidence would show that since the accused did the offending act as mentioned above, she became desperate and dejected and hence, she consumed furudan mixed with kerosene in order to commit suicide. She regained consciousness from the hospital. Doctors enquired with her the reason for doing so, she did not disclose the incident. While she was in the Intensive Care Crl.R.P. No.1654 of 2010 4 Unit, the police reached there. She gave Ext. P1 F.I. statement to the police. She told that the accused had approached her telling that he was in love with her and he will marry her. She stated that she was raped by the accused. It was also stated that she had occasion to see the accused keeping furudan and thus she could get the same and consumed it adding kerosene.
5. MO1 (nighty), MO2 (skirt), MO3 (Shimmies) and MO4 (Shuddy) were worn by her at the relevant time. It was stated that because of forcible sexual intercourse, there was bleeding from her vagina. The evidence given by P.W.3 would show that she had reached the hospital on coming to know of the incident as aforesaid.
6. Much was argued by the defence that the discharge summary issued from the Heart Hospital, Thrissur would show that P.W.1 was admitted as she attempted to commit suicide. But there is evidence to show that she had made a specific complaint of rape in Crl.R.P. No.1654 of 2010 5 the F.I. statement given by her to the Sub Inspector of Police on 27-11-2000. Much was argued by the defence regarding delay in recording the statement . But there is uncontrovertible evidence that P.W.1 was in the ICU as she had consumed Furudan mixed with Kerosene in order to commit suicide. But only when she became conscious and the police was informed; the police reached the hospital recorded her statement. To the doctor also she had told that she was sexually assaulted by her neighbour Jayan and because of fear and shame she consumed poison-furudan.
7. Her vaginal swab and smear were collected by the doctor and were sent for chemical examination. Similarly, the material objects (MO1 to 4) were also sent for chemical examination. It is reported that human semen and spermatozoa were detected in the dress worn by her. Blood was also found on items 2 and 4 clothes worn by the victim at the relevant time. It was stated by P.W.1 that there was Crl.R.P. No.1654 of 2010 6 discharge of semen and it was rubbed by her using the nighty. Her evidence that there was bleeding from her vagina due to the forcible penetration gets corroboration from the Chemical Examiner's report referred to above.
8. The contention that the accused was falsely implicated was found against by the courts below. The evidence that she attempted to commit suicide because of shame and ignominy because she was raped by the accused would sufficiently corroborate the case of the prosecution that the accused had sexual intercourse with her without her consent and against her will.
9. The trial court had a meticulous examination of the entire evidence. The appellate court after a re-appraisal of the evidence concurred with the view taken by the trial court. I have gone through the judgments of the courts below and also the evidence of the prosecution witnesses. I find that the courts below have analysed the evidence in the correct perspective and rightly found that the appellant Crl.R.P. No.1654 of 2010 7 guilty. The sentence passed against the appellant is also found to be just and proper. There is no irregularity, impropriety or incorrectness in the finding of guilt or the sentence awarded by the courts below. In the result, this Revision Petition is dismissed confirming the conviction and sentence passed against the revision petitioner. Dated this the 17th day of March, 2014. Sd/-N.K. Balakrishnan Judge. /truecopy/ P.S.toJudge