JAGADEESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted for offence punishable under Section 376 IPC in S.C.No.444/2011 of the Additional District and Sessions Judge Ernakulam, is the appellant herein.

(2.) The prosecution was launched by an FI Statement given by an eleven year old victim, who, on 4/7/2011 at 4.30. p.m. accompanied by her uncle/guardian, reported to the police that she was sexually abused by the accused. She was studying in Seventh standard and her parents were mentally challenged. Hence, she was looked after since her childhood by her uncle and aunt. Accused was residing near to the uncle's house and was a close relative. Another aunt was staying nearby, who had a son by name Amal. In the FI Statement, the victim stated that the accused and Amal had sexually exploited her on several occasions at the house of the accused as well as at the house of the said Amal. According to her, the first act was done by Amal at the house of the victim. According to her, this used to happen when the uncle, aunt and the nearby residents were away from their home, engaged in their work. The accused allegedly came to know about the act committed by Amal and thereafter he also started sexually exploiting the victim. Since this was repeated on several occasions, she disclosed it to her aunt Ammini, who conveyed it to the mother of Amal. It was stopped for some time and even after lapse of few days, they started exploiting her. She contracted infection and had to be taken to the doctor. Ultimately, the matter was conveyed to her teacher, who reported it to the police. On the basis of the FI Statement, the crime was registered and after investigation, final report was laid before the court against the accused for offence punishable under Section 376 IPC. It was revealed that two other persons were also involved. Since Amal and the other two persons were juvenile, they faced trial before the Juvenile Justice Board.

(3.) Before the court below, the accused faced trial. On the side of the prosecution PWs 1 to 11 were examined and Exts.P1 to P10 were marked. On the side of the accused, DW1 was examined. The court below, on an evaluation of the available inputs, concluded that the accused has committed the offence alleged against him, convicted and sentenced him to undergo RI for a period of ten years and to pay a fine of Rs.50,000/- and in default, to undergo RI for two years. It was further provided that fine amount, if realized, should be paid to the accused under Section 357(1)(b) of Cr.P.C.