ABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.1249 of 2015 on the files of the Additional Sessions Court, Kozhikode has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The victim in the case is a girl aged 9 years. The accusation in the case is that on 06.06.2015 at 12.15 pm, the accused who was engaged by the parents of the victim to carry out some work in their house has inserted his finger into the vagina of the victim girl and also exhibited his penis to the victim girl, and thereby committed the offences punishable under Section 376 of the Indian Penal Code (IPC), Section 3 read with Section 4 , Section 5(m) read with Section 6 and Section 11(i) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 12 witnesses as PWs.1 to 12 and proved through them 12 documents as Exts.P1 to P12. Among the witnesses examined, PW1 is the victim girl, PW2 is the mother of the victim girl, PW3 is the doctor who examined the victim girl and PW8 is the neighbour of the victim girl. Among the documents proved, Ext.P1 is the First Information Statement and Ext.P2 is the report of the medical examination issued by PW3.