THANKAPPAN P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction of the appellant and the sentence imposed on him in S.C.No.495 of 2010 on the files of the Sessions Court, Pathanamthitta are under challenge in this appeal. The appellant is the sole accused in the case.

(2.) The accusation in the case is that on a Sunday in the month of February 2009, and on various subsequent days, the accused committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste, and impregnated her. The offences alleged against the accused are the offences punishable under Section 376 of the Indian Penal Code (the IPC ) and Sections 3 (1)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, as it stood then.

(3.) On the accused pleading not guilty of the charges, the prosecution examined 15 witnesses as PW1 to PW15 and proved 31 documents as Exts.P1 to P31. The witnesses examined on the side of the prosecution have also identified MO1 to MO4 material objects in the case. The accused was thereupon questioned under Section 313 of the Code of Criminal Procedure (the Code) as regards the incriminating evidence brought out against him 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.