KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.313 of 2014 on the files of the First Additional Sessions Court, Palakkad has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The victim in the case is a girl aged eight years. She is none other than the daughter of the accused. The accusation against the accused is that while the accused was residing with the victim girl prior to 05.05.2013, he committed sexual assault on her by lying down over her and also by causing her to touch his private parts with sexual intent, and thereby committed the offences punishable under Sections 9(m) and 9(n) read with Section 10 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 11 witnesses as PWs.1 to 11 and proved 13 documents as Exts.P1 to P13. 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.