STATE OF KERALA Vs. KURISSUM MOOTTIL ANTONY

JUDGEMENT

(1.) Leave granted.

(2.) The State of Kerala challenges the order passed by the learned Single Judge of the Kerala High Court directing acquittal of the respondent by accepting revision petition filed by the respondent. Respondent was found guilty of offences punishable under Sections 451 and 377 of the Indian Penal Code, 1860 (in short IPC). The Trial Court had convicted the respondent as aforesaid and had imposed sentence of six months and one year rigorous imprisonment respectively with fine of Rs.2000/- in each case. The fine amount of Rs.2000/- was to be paid to the victim in terms of Section 357 (1)(b) of the Code of Criminal Procedure, 1973 (in short Cr.P.C.).

(3.) Factual background as unfolded during trial of the respondent was that on 10.11.1986 accused trespassed into the house of the victim-girl who was nearly about 10 years of age on the date of occurrence and committed unnatural offence on her. After finding the victim alone in the house the accused committed unnatural offence by putting his penis having carnal intercourse against order of nature. The victim (PW-1) told about the incident to her friend (PW-2) who narrated the same to the parents of the victim and accordingly on 13.11.1986 First Information Report was lodged. The investigation was undertaken by PW-11 who sent both the victim and the accused for medical examination. He also seized the dress worn by the victim at the time of occurrence. The Chemical Analyst report Ex.P7 indicated presence of human semen and spermatozoa on the dress of the victim. Potency of the accused was also proved by the doctor (PW-10) as per Ex.P6.