SHIVARAMA A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction of the appellant and the sentence imposed on him in S.C.No.607 of 2014 on the files of the Additional Sessions Court - I, Kasaragode, are under challenge in this appeal.

(2.) The appellant is the sole accused in the case. The accusation in the case is that on 14.2.2013 and on several other days, the accused committed rape on the victim girl aged 15 years at her house, and thereby committed the offences punishable under Section 376 of the Indian Penal Code (the IPC ) and Sections 5(j)(ii) , 5(l) and 5(n) 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 17 witnesses as PW1 to PW17 and proved 18 documents as Exts.P1 to P18. The prosecution has also caused one of its witnesses to identify the material object, MO1. 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.