VIPIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the conviction and sentence imposed by the First Additional Sessions Judge, Palakkad in Sessions Case No.312 of 2011 under Sections 302 and 511 of 376 I.P.C , the sole accused in the above case has preferred this appeal.

(2.) We heard the learned counsel for appellant and the learned Public prosecutor.

(3.) Prosecution case, in brief, is that on 02-09-2010 at about 11.30 am, the accused attempted to commit rape on a mentally and physically challenged lady from the bed room of his house and thereafter she was strangulated to death. The learned Magistrate, before whom a final report was filed on completion of the investigation, committed the case to the Court of Session on finding that this is a case exclusively triable by that court court. After framing a charge, the learned Sessions Judge conducted the trial by examining 19 witnesses and marking 32 documents on the side of prosecution. Material objects are six in number. There is no defence evidence. The court below convicted the appellant for the aforementioned offences.