SHAIK SHIYAVULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant who is the sole accused in S.C.No.511 of 2015 on the files of the First Additional Sessions Court, Kasaragod has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The case of the prosecution in essence is that on a Saturday in the year 2012 and on the day next to that Saturday, the accused committed rape on the victim girl, a minor aged 15 years, at her residence and thereby committed the offence punishable under Section 376 of the Indian Penal Code (the IPC ) and Section 5(l) 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 levelled against him, the prosecution examined 10 witnesses on its side as PWs 1 to 10 and proved 13 documents through them as Exhibits P1 to P13. Thereupon, the accused was 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 evidence and pleaded innocence. As the 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 however adduce any evidence.