SADASIVAN E.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.317 of 2015 on the files of the Additional Sessions Court-I, Kasaragod, has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The prosecution case in essence is that on 22.02.2015, at about 10.00 a.m., the accused committed rape and aggravated penetrative sexual assault on the victim girl aged 7 years at his residence and thereby committed the offences punishable under Sections 376 of the Indian Penal Code (the IPC ) and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(3.) On the accused pleading not guilty of the charges, the prosecution examined 12 witnesses as PW1 to PW12 and proved through them 19 documents as Exts.P1 to P19. The witnesses examined on the side of the prosecution have also identified MO1 to MO4 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 evidence 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 examined three witnesses as DW1 to DW3 on his side, when called upon to enter on his defence.