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1987 Supreme(Ker) 176

PADMANABHAN
MOHAMMED – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Revision petitioner was convicted for offences punishable under Ss 376 450 and 506(ii) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 6 years and a fine of Rs.500/- under S.376 rigorous imprisonment for two years and fine of Rs. 500/- under S.450 and rigorous imprisonment for two years under S.506(ii) with permission to suffer the substantive sentences concurrently. The appeal filed before the Sessions Judge was unsuccessful.

2. The prosecution case has been fully narrated in the judgments of the Courts below. It appeals that on 30-3-1982 at about 6.45 P.M., when PW 1 Jyothi Lakshmi, aged 11 alone was inside the kitchen of her house the accused pushed open the door, entered ins Kitchen, caught hold on her threatened her with death when she cried and committed rape on her When the sexual assault was going on. PW. 2, Aunt of PW. 1, came and saw it and she cried aloud attracting PW. 3 a neighbour. The accused then ran away.

3. PW.1 was taken to the Government Hospital where she was examined by PW. 6 Doctor who issued Ext. P4 wound certificate. The vaginal smear of PW.1 was sent for chemical examination, and Ext. P5 is the report which shows tha













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