SIMSON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the conviction and sentence passed by the Additional Sessions Judge (for the trial of cases relating to Atrocities & Sexual Violence against Women and Children), Ernakulam, in S.C.69/2016.

(2.) Prosecution case is that, appellant/accused with the intention and preparation to commit robbery, trespassed into house No.111/444 of Thrikkakkara Municipality on 26.2.2016 at 1.30 am. Using Jacky and liver he bent the iron rods fixed on the window on the southern side of the work area near the kitchen. He threatened to do away with PW1 by putting a knife on her neck while she was lying on the bed in the bedroom and forcibly snatched the gold chain of 2.5 sovereigns worn by her and stole gold bangle of three sovereigns. Appellant/accused also attempted to commit rape on her by tearing her nightie. Thereby the accused committed the offences punishable under Secs 450, 394 and 511 of Sec.376 IPC.

(3.) Pw1 to 10 were examined and Exts.P1 to P11 were marked on the side of prosecution. MO1 to 6 were identified and marked. DW1 examined on the side of defence. Thereafter on hearing both sides, court below found the appellant/accused guilty under Secs 450, 394 and 354 IPC and sentenced him to, undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- under Sec.450 IPC, in default to undergo rigorous imprisonment for another two months, rigorous imprisonment for life and to pay a fine of Rs.25,000/- under Sec.394 IPC in default to undergo rigorous imprisonment for four months, rigorous imprisonment for two years and to pay a fine of Rs.5000/- under Sec.354 IPC in default to undergo rigorous imprisonment for one month. Assailing the conviction and sentence passed by the court below the appellant came up in appeal before this Court.