NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C.No.356 of 2012 on the files of the 1st Additional Sessions Court, Palakkad.

(2.) The appellant is the sole accused in the case. The accusation in the case is that on 16.09.2005, at about 3 p.m., the accused has committed rape on the victim girl aged 13 years at the rear room of his grocery shop situated at Myiladikunnu in Kappur Village and thereby committed the offence punishable under Section 376 of the Indian Penal Code (the IPC).

(3.) On the accused pleading not guilty of the charge levelled against him, the prosecution examined 15 witnesses as PW1 to PW15 and proved 15 documents as Exts.P1 to P15. The prosecution has also caused one of its witnesses to identify MO1 series material objects. The accused was thereupon questioned under Section 313 of the Code of Criminal Procedure (the Code) as regards the incriminating evidence brought out by the prosecution. The accused denied the same and maintained that he is innocent. Since the trial court did not find the case to be one fit for acquittal under Section 232 of the Code, the accused was called upon to enter on his defence. The accused did not adduce any evidence.