LUKOSE @ KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C. No.525 of 2014 on the files of the First Additional District and Sessions Court, Kollam. The appellant is the sole accused in the case.

(2.) The accusation in the case is that on 28.03.2014, at about 1.30 pm, the accused trespassed into the house of PW6, the victim girl aged 12 years and committed penetrative sexual assault on her at the hall room of her house and thereby committed the offences punishable under Section 451 of the Indian Penal Code (the IPC) and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(3.) On the accused pleading not guilty of the charges, the prosecution examined 8 witnesses as PWs.1 to 8 and proved 9 documents as Exts.P1 to P9. 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 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 adduce any evidence.