The court emphasized the importance of consistent witness testimony and proper procedural adherence in criminal trials, particularly in sexual offense cases.

JUDGMENT

Vinod Chandran, J.

A very strange allegation of rape on a 60 year old, from the open, and witnessed by two minor children, who were accompanying the accused, is the case projected herein. The deceased was found to be a member of the Scheduled Caste, which resulted in the charge under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, in addition to Section 324 & 376 r/w 34 of IPC . The accused found guilty of the offences, was convicted and sentenced with three years rigorous imprisonment (RI) under , 10 years and fine of Rs.1,000/- under Section 376 (m) and imprisonment for life with a fine of Rs.1,000/- under Section 3 (2) (5) of the SC & ST (POA) Act. The prosecution examined 27 witnesses before court, marked Exts. P1 to P23 and produced MO1 to MO4 material objects. The defense examined one witness as DW1 and marked 5 contradictions as Exts.D1 to D5, and Ext. D6, a copy of the report of mental status of the accused dated 15.7.2015.

2. Sri. Vishnuprasad Nair, learned Counsel appearing for the appellant pointed out that the conviction has been entered into without any evidence. The victim's testimony was recorded piece-meal by the trial court, seriously prejudicing the accused, since the testimony was improved every time the witness was put in the box. Even then, there were glaring contradictions marked as Exts.D1 & D2; from the FIS itself. There is also serious discrepancy in the location of the injuries caused and witnesses who saw the victim also were not consistent in their testimonies. The identifying features spoken by the victim could fit any person and despite there being no prior acquaintance, there was no TIP conducted. The victim categorically spoke of having seen the accused after the incident, only in court and such identification cannot at all be believed or acted upon. The Section 164 statement was taken in the presence of the police and PW26, the I.O, specifically spoke of having taken the victim to the Magistrate. It is also argued that the investigation was carried out by an Inspector while the SC & ST (POA) Act mandates such investigation to be carried out by an officer not below the rank of a Dy. S.P. The provisions of the SC & ST (POA) Act are not at all applicable since there is nothing to prove that the accused had knowledge of the caste of the victim. The trial court, giving a go-by to the fundamentals of criminal jurisprudence, relied on the statements made by the accused under Section 313, wherein the accused said that he was acquainted with the victim. The Kerala Chemico Legal Examination Rules, 1959, is also relied on to argue that there is no clarity as to the tests carried on at the F.S.L which is mandatory under Rule 3A. The learned counsel relies on AIR 2021 SC 2190 Pathan Jamal Vally vs, State of Andhra Pradesh to assail the conviction under SC & ST (POA) Act.

3. Smt. Ambikadevi S., learned Special Government Pleader [Atrocities against Women and Children and Welfare of Women and Children], argues for sustaining the conviction and sentence. It is emphasized that the victim is an illiterate woman aged 60 years and coming from the marginalized section of society, who cannot be faulted for having left out some details in the testimony before court. It is pointed out that the persons who came to the locality later, fully corroborated the testimony of the victim. The assailant and the two boys who witnessed the incident were arraigned as accused. The boys being minors could not be tried before the Sessions Court. It is pointed out that the accused showed symptoms of epilepsy during the trial and it was hence, the examination was carried out piece-meal. The learned Special Government Pleader would argue for confirmation of the conviction of the offences charged, both under the IPC and SC & ST (POA) Act.

4. The FIS was by PW1, the victim, marked as Ext.P1. According to the victim, she had gone to the forest area to graze her goats. Within the forest, there is a smal