BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.672/2006 on the file of the Judicial First Class Magistrate Court, Erattupetta and the appellant in Crl.A.No.253/2008 on the file of the Additional Sessions Court (Ad hoc-II), Kottayam. The offences alleged against the accused are under Sections 451 , 341 , 354 and 506(i) of the Indian Penal Code (hereinafter referred to as 'the IPC ').

(2.) The prosecution case in brief is that on 06.10.2006 at 12 noon, the accused trespassed into the house of PW1, namely, Irikkattu House in Ward No.II of Melukavu Panchayat, caught hold of her, pulled and dragged her towards her bedroom for sexual intercourse with the intention or knowledge that her modesty would be outraged. It is further alleged that, when she resisted the act of the accused, the accused threatened to do away with her if the occurrence was disclosed to anyone.

(3.) During the trial of the case, PWs.1 to 4 were examined and marked Exts.P1 to P3 on prosecution side. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of the Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. DW1 was examined on his side.