ALIYAR Vs. STATE OF KERALA
LAWS(KER)-2003-11-152
HIGH COURT OF KERALA
Decided on November 03,2003

ALIYAR Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) The appellant/accused stands convicted and sentenced for the offences punishable under S.3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in short 'the Act', and for the offence punishable under S.376 I.P.C. On the first count, he has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.5000/-. On the second count he has been sentenced to undergo imprisonment for life, and to pay a fine of Rs. 25,000/-. On the third count, he has been sentenced to undergo imprisonment for seven years, and to pay a fine of Rs.25,000/-, and in default of payment of fine, to undergo imprisonment for two years. The sentences had been directed to run concurrently.
(2.) The incident alleged was as follows. The accused was a lorry cleaner, engaged usually to drive the . lorry as well, in which sand has been taken from certain construction sites. In the construction site, where the lorry has been engaged, PW. 1, prosecutrix, was also engaged for loading sand. On the particular work site, behind Thaze Chovva electricity office, the prosecutrix and the accused were employed for the work of removal of sand for about three months. On 16.2.1997, when the incident had happened, the accused was on leave. The prosecutrix was changing her work dress at the close of the work on that date. Male workers have already left the work place. Female workers had also washed their hands, changed their dresses and went away. PW.1, the prosecutrix. while changing her dress in a room under construction, the accused came there and forcibly took her to another room, where he had committed rape on her. After the incident, the accused left. PW.1, also thereafter left the place. On her way, she felt bleeding. She verified it in the house of PW.6. She confirmed the bleeding and immediately came out of that house and got an autorickshaw, and asked to be hospitalised in the nearest hospital. She has been hospitalised in the A.K.G. Memorial Hospital, and has been examined by PW.7, the Doctor, who found rupture on her hymen and it was sutured. On the next day, PW.7, made Ext. P5 intimation to the police. Thereafter, as medico legal facilities were available only in the Government Hospital, she was removed to Government Hospital, Kannur, where she gave Ext. P1 F.I. Statement on 17.2.1997 to PW.11, the Assistant Sub Inspector. PW.12 conducted the investigation. The investigation revealed that PW.1 belongs to Scheduled Caste, and rape had been committed on her by the accused, belonging to another community, and was with the intention to offend the modesty of PW.1, and to exploit her caste status as a member of the Scheduled Caste. Therefore, the charges were laid against the appellant/accused under S.3(1)(xi) and 3(2)(v) of the Act, and under S.376 I.P.C.
(3.) All together 12 witnesses were examined on the prosecution side, and 14 documents were marked, apart from identifying M.Os. 1 to 6, the blood stained dresses of the prosecutrix. No defence evidence was led. Copy of lawyer notice said to be sent on behalf of the prosecutrix was marked as C1 .;


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