KHALID @ ALIKKA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence of the appellant in S.C.No.385 of 2015 on the files of the Additional Sessions Court, Kozhikode. The appellant is the sole accused in the case. The victim in the case is a girl aged 7 years.

(2.) The accusation in the case is that about two months prior to 28.11.2014, the accused who is the neighbor of the victim girl took the victim girl to his house, had sexual intercourse with her and threatened her that she would be done away with, if she discloses the incident to anyone. The offences attributed against the accused are the offences punishable under Sections 376 and the first part of 506 of the Indian Penal Code (the IPC) and Section 5(m) read with Section 6 of the Protection of the Children from Sexual Offeces Act, 2012(the POCSO Act).

(3.) On the accused pleading not guilty of the charges, the prosecution examined 16 witnesses as PWs.1 to 16 and proved 16 documents as Exts.P1 to P16. 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.