LAWS(KER)-2020-6-75

VINEESH Vs. STATE OF KERALA

Decided On June 03, 2020
VINEESH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The conviction of the appellant and the sentence imposed on him in S.C.No.349 of 2015 on the files of the Additional Sessions Court - I, Pathanamthitta is under challenge in this appeal.

(2.) The appellant is the sole accused in the case. The victim in the case is a girl aged nine years. The case of the prosecution is that on 05.11.2013, at about 5.30 p.m., the accused with sexual intent, pricked on the face of the victim girl with his genital organ and also attempted to penetrate his genital organ into her mouth, and thereby committed penetrative sexual assault punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (the Act).

(3.) On the accused pleading not guilty of the charge framed against him, the prosecution examined 6 witnesses as PW1 to PW6 and proved 4 documents as Exts.P1 to P4. 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 consider 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 thereupon examined three witnesses on his side as DW1 to DW3.