IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 CRL.A.No. 204 of 2003() ----------------------- SC.207/1999 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM .................... APPELLANT --------- SOMAN, THOTTAPARAMBIL HOUSE, PATTIMATTAMKARA, KOOVAPPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. PUSHPALATHA THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. Appeal No. 204 of 2003 * * * * * * * * * * * * * * * * * * Dated: 07-09-2009 JUDGMENT The sole accused in S.C. No. 207 of 1999 on the file of the Addl. Sessions Court, Fast Track (Adhoc – II) Kottayam is the appellant in this appeal. 2. The case of the prosecution can be summarised as follows:- 36 year old Soman, the accused with a view to satiate his lust in his own daughter P.W.1 Cinimol aged above 16 years in the midnight of 12-8-1997 in the lean to attached to the shop building having three rooms belonging to Kunnathu Mathew hearing No. 59 in Ward No. 10 of Parathodu Panchayath in Pattimattam Kara in Koovappalli Village at a time when the mother of the victim have gone to the Persian Gulf, the accused had sexual intercourse against the wish and without the consent of P.W.1 and he used to indulge in the aforesaid erotic impropriety two or three times every week thereafter for a month and used to threaten to kill her in case she divulged the occurrence to anybody. The accused has thereby committed an -:2:- offence punishable under Sec. 377 I.P.C. 3. On the accused pleading not guilty of the charge framed against her by the court below for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 10 witnesses as Dws 1 to 10 and got marked 9 documents as Exts. P1 to P9 and two material objects as Mos 1 and 2. 4. After the close of the prosecution evidence, the accused was questioned under Sec. 313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence. He took the stand that he was falsely implicated by the accused consequent on his scolding her for having sexual relationship with a stranger. 5. The court below did not record the order of acquittal under Sec. 232 Cr.P.C. The accused was, therefore, called upon to enter on his defence and to adduce evidence which he might have in support thereof. He got marked Ext.D1 letter written by P.W.1. 6. The learned Addl. Sessions Judge, after trial, as per -:3:- judgment dated found the appellant guilty of the offence and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 3,000/- on default to pay the fine he was directed to undergo simple imprisonment for six months. The fine amount was directed to be paid to P.W.1 as compensation. It was the said judgment which is assailed in this appeal. 7. When this appeal came up for hearing today, the learned counsel appearing for the appellant as well as the learned Public Prosecutor submitted that some time in February 2007 the appellant was killed in a motor accident. Since the punishment awarded by the court below includes imprisonment , the appeal does not abate in view of Sec. 394 Cr.P.C. No near relative of the appellant has come forward to continue the appeal. since the appeal does not abate, this Court is bound to dispose of the appeal only on the merits notwithstanding the death of the appellant. 8. P.W.1 (Cinimol) is the victim who was aged 22 years when she deposed before the court below on 8-11-2002. She has given a graphic account of the first and subsequent occurrence in which her own father ravished her taking -:4:- advantage of the absence of the mother. In the ill-fated night all of them had gone to Ernakulam Railway Station to see off her mother who was on her way to Persian Gulf. After seeing off the mother they returned home by about 12 mid night. It was V. RAMKUMAR, (JUDGE) ani.