Cri. Appeal No. 877 of 2002. Case: Dharmarajan S/o. Sreedharan Pillai Vs State of Kerala. High Court of Kerala (India)
| Case Number | Cri. Appeal No. 877 of 2002 |
| Counsel | For Appellant: Raju Joseph Sr. Adv., George Kutty Mathew, Advs. and For Respondents: Director General of Prosecution T. Asaf Ali, Ranjith, Biju Meenattor, K. Gopalakrishna Krupa, P. K. Ravisankar, Suresh Babu Thomas, C. S. Ajayan, P. Ravindra Babu, K. V. Bhadra Kumari, Anila George, V. K. Sunil, S. Nandagopal, Advs. |
| Judges | K. T. Sankaran, J. and M. L. Joseph Francis , J. |
| Issue | Criminal Procedure Code (2 of 1974) - Sections 154, 156, 161; Indian Penal Code (45 of 1860) - Sections 120B, 363, 365, 366A, 368, 372, 376(2)(g), 392 |
| Citation | 2014 CriLJ 3162 |
| Judgement Date | April 04, 2014 |
| Court | High Court of Kerala (India) |
Judgment:
K. T. Sankaran, J.
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This Criminal Appeal reveals the sad story of a girl who was aged only sixteen years and four months at the relevant time and who was allegedly subjected to sexual abuse, rape and gang rape by more than forty persons at different places in the State of Kerala and in the State of Tamil Nadu. The name of the victim is withheld and she is described as 'the victim girl' in the judgment. The prosecution case in a nutshell is that the appellant (Dharmarajan), accused No.1 (Raju) and accused No.2 (Usha) hatched a criminal conspiracy to kidnap the victim girl from the lawful custody of her guardian and to subject her to sexual abuse and provide her to others for illicit sexual intercourse. In furtherance of the criminal conspiracy, the victim girl was kidnapped from the lawful custody on 16.1.1996, confined her secretly at several places in the State of Kerala and in Tamil Nadu and she was subjected to rape and gang rape by several persons by keeping the victim girl under illegal custody. It was also alleged that the appellant robbed her gold and silver ornaments during the period in which she was kept under illegal custody. The prosecution alleged that the victim girl was missing on 16.1.1996 and she came back to her father only on 26.2.1996 and the offences were committed during that period.
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The victim girl was studying in the IXth standard at Little Flower Girls High School, a convent school, at Nallathanni, Munnar. Her father was the Postmaster of Munnar Post Office. The victim girl's mother was working as a Nurse in the hospital at Sooryanelli Estate. The father, mother and sister of the victim girl were residing in the quarters allotted to her mother at Sooryanelli Estate. The victim girl was studying for VIIIth standard at Mount Carmal Girls High School, Kottayam during 1994-95. She was staying in the school hostel. Later she discontinued her stay in the hostel and started staying at the house of her uncle Robert at Mundakkayam. While the victim girl was staying with her parents at Sooryanelli Estate, she was attending tuition classes conducted by one Kuttiyamma teacher at Devikulam. The victim girl used to travel along with her father in a bus called "Companion", which was plying in Sooryanelli-Munnar- Devikulam route. The first accused Raju was working as the checker/conductor in the "Companion" bus. He got acquainted with the victim girl which gradually developed into a love affair. The prosecution alleged that the appellant (Dharmarajan), accused No.1 (Raju) and accused No.2 (Usha) hatched a criminal conspiracy to induce the victim girl to accompany Raju, her lover, and to take the victim girl out of lawful custody. Their idea was to take the victim girl to various places and to compel her for sexual intercourse with many persons.
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The prosecution alleged that, during the relevant period, the victim girl used to travel in "Companion" bus from Sooryanelli to Devikulam for attending tuition classes. Her father used to travel in that bus from Sooryanelli to Munnar. Fathima, the victim girl's classmate in the tuition class, was her close friend. The victim girl had taken a photo album containing photos of her family members to the tuition class. The album was shown to Fathima as well. Fathima took the album for showing the same to her family members. However, when Fathima brought back the album to be given to the victim girl, she (Fathima) showed that album to her friends while travelling in the "Companion" bus. On seeing the album, accused No.1 (Raju) took that album and promised to Fathima that the album would be given to the victim girl. The album was kept by accused No.1 (Raju). The victim girl later joined Little Flower Girls High School at Nallathanni, Munnar for the next academic year. During that period, accused No.1 (Raju) used to meet her at the premises of the school compound during lunch interval on Fridays and also while travelling with her father from Sooryanelli to Munnar and from Munnar to Sooryanelli during weekends. Raju induced the victim girl to accompany him and he promised to marry her. The victim girl was reluctant initially to go with Raju. Originally, Raju directed her to accompany him on 1.1.1996. However, the victim girl did not go with him on that day. Raju threatened her that he would make use of her photographs in the album, to make nude photos of her and her mother and paste the photographs on the walls of her school and at the Post Office where her father was working. Raju met the girl on 12.1.1996 during lunch break and compelled her to go with him on 16.1.1996. Raju requested her to take two or three sarees of her mother and available cash from the house. Raju also told the victim girl to state her name as Anjali, wherever required. The victim girl was directed to board Anjali bus in the evening on 16.1.1996 from Munnar bus stand and to get down at Adimaly. The prosecution alleged that due to the threat and inducement made by Raju and also believing the words of Raju to marry her, the victim girl took a few sarees of her mother and cash of Rs. 300/- and some of her dresses in a big shopper, while going to her hostel on 16.1.1996. On 16.1.1996, the victim girl got down at Munnar along with her father and she went to the hostel in an autorickshaw along with a friend of her mother who was also working as a nurse.
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The prosecution alleged that at about 4.30 pm. on 16.1.1996, the victim girl, without the knowledge of the hostel authorities, came out of the hostel, went to Munnar bus stand and boarded Anjali bus to go to Adimaly as directed by accused No.1 (Raju). She got down at Jubilee bus stop at Adimaly, where Raju was waiting. As directed by Raju, she went to the bus stand at Adimaly and boarded P.P.K. Bus and proceeded to Kothamangalam. Raju also travelled in the same bus and took ticket for the victim girl. Raju stated that he would be sitting in the seat on the rear side. The girl saw accused No.2 (Usha) also in that bus. The victim girl got down at Kothamangalam bus stand at about 7 pm. To her surprise, she could not see Raju anywhere there. The victim girl was frightened. There was no bus to return to Munnar or to Sooryanelli. The victim girl decided to go to the house of her maternal aunt at Thazhathangadi, Kottayam. For that purpose, she got into a KSRTC bus, got down near Muvattupuzha Bridge and took an autorickshaw and reached the KSRTC bus stand. From there, she boarded a bus going to Kottayam. In that bus also she saw accused No.2 (Usha). The victim girl got down at KSRTC bus stand, Kottayam. Usha also got down there. The victim girl could not find out the way to reach her maternal aunt's house at Thazhathangadi. Therefore, she decided to go to the house of her uncle Robert at Mundakkayam. She came to know that only during the early hours on the next day, bus would be available to Mundakkayam. Some persons in the bus stand were staring at her and she got frightened. At that time, accused No.2 (Usha) approached the victim girl and called her by her real name. The victim girl asked Usha as to how she knew her name. Usha stated that she knew her and her name. The victim girl felt some sort of security and comfort. Accused No.2 (Usha) could gain confidence of the victim girl. Usha asked the victim girl where she was going and the girl replied that she was going to Mundakkayam and that bus was available only in the morning hours. At that time, Usha went to see the appellant Dharmarajan who was standing nearby and talked to him. Usha returned and stated to the victim girl that she could only mention her name as Anjali and that she was studying in a college. Usha thereafter introduced the appellant (Dharmarajan) to the victim girl as Sreekumar. Usha told the victim girl that Sreekumar was also going to Mundakkayam, that he is a dependable person and the girl could consider him as her brother. The appellant mentioned the names of some of the neighbours of Robert, the uncle of the victim girl, and thus gained confidence of the girl. Believing the words of Usha that the appellant (who was introduced as Sreekumar) is a dependable person and that she could go with him to her uncle's house, the victim girl reposed full confidence in the appellant and followed him. The appellant (Dharmarajan) and accused No.6 (Unnikrishnan Nair) had taken a room in Metro Lodge near KSRTC bus stand, Kottayam. The appellant (Dharmarajan) made the victim girl believe that his mother is taking rest in a room in Metro Lodge and she could take rest there till the next day morning. The victim girl was taken to a room in Metro Lodge. The victim girl could not find the mother of the appellant (Dharmarajan) there. She asked as to where his mother was. He stated that his mother was taking bath in the next room. Since the mother of Dharmarajan was not seen coming to the room, the victim girl enquired again about her. At that time, Dharmarajan locked the room from inside. He forcibly took the victim girl and made her lie on a cot. The victim girl resisted and wept. Dharmarajan caught hold of her throat, pressed on her throat and threatened to kill her. He stated that he is an advocate and that if the victim girl did not obey him, he would kill her and her parents. Dharmarajan stated that he knew how to tackle a case and escape. The victim girl pleaded for mercy, but Dharmarajan did not show any mercy towards her and promised to release her later if she obeyed him. Dharmarajan forcibly undressed her and committed rape. Later, the cot was pulled towards the door so that the victim girl could not open the door and escape.
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The prosecution alleged that the victim girl was raped and gang raped by several persons inside and outside the State on various days ranging from 16-1-1996 to 26-2-1996. On 26.2.1996, the victim girl was released and she went to Munnar and met her father. The prosecution alleged that the victim girl was subjected to 67 rapes including...
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