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1989 Supreme(Ker) 532

K.G.BALAKRISHNAN
Vijayan Pillai Babu – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K.G. Balakrishnan, J.

1. This is an appeal against the conviction and sentence entered against the appellant in Sessions Case No. 84 of 1988 on the file of the Additional Assistant Sessions Judge, Quilon. The accused was tried for the offence punishable under S.376 of the Indian Penal Code He was found guilty and sentenced to undergo rigorous imprisonment for a period of 8 years.

2. PW 1, Geetha, is the daughter of PWs 6 and 7. According to the prosecution, PW 1 was 16 years old at the time of the incident. On the date of occurrence PW 1 alone was in the house. PWs 6 and 7 had gone for doing coolie work. The elder and the younger sisters of PW 1 were not in the house. In the morning she went to Punalur market and purchased some fish and other household articles. After coming home she was preparing food in the kitchen. According to PW 1 accused Babu came from behind and caught hold of her. The accused dragged PW 1 to the southern side of the room and there she was made to lie on the floor. The blouse hooks were forcibly loosened Her skirt and other clothes were tucked upto her waistline and the accused committed rape on her. According to PW 1 she resisted the assault, but she















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