AJESH ALIAS KUNHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC.No.711/2006 on the file of the Judicial First Class Magistrate-II, Perambra.

(2.) By judgment dated 31.01.2008, the learned Judicial First Class Magistrate-II, Perambra, convicted and sentenced the accused for the offences punishable under Sections 447 and 323 of the IPC. For the offence under Section 437 of the IPC, the accused was sentenced to pay a fine of Rs.500/- and in default of payment of fine to undergo simple imprisonment for one month more. For the offence under Section 324 of the IPC, the accused was sentenced to undergo simple imprisonment for three months. Challenging the conviction and sentence, the accused preferred Criminal Appeal No.204/2008 on the file of the Sessions Court, Kozhikode. By judgment dated 26.11.2008, the learned Additional Sessions Judge Fast Track (Adhoc-I) Court, Kozhikode, to whom the case was made over for hearing, dismissed the appeal confirming the conviction and sentence imposed by the learned Magistrate. Being aggrieved, the accused is before this Court in revision.

(3.) The prosecution case in brief, is that on 25.09.2006 at 7.p.m, the accused criminally trespassed into the house compound of PW4 bearing Door No.9/287 of Chakkittapara Panchayath, caught hold of her with an intent to outrage her modesty and inflicted injuries on her. For the occurrence in question, PW4 lodged Ext.P4 First Information Statement before PW3, the Assistant Sub Inspector of Police, Peruvannamuzhi Police Station. On the basis of Ext.P4 First Information Statement, PW3 registered Ext.P3 FIR for the offences punishable under Sections 447 and 354 of the IPC. PW7 conducted investigation in this case and laid the charge against the accused.