CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.305 of 2016 on the files of the First Additional Sessions Court, Palakkad is the appellant in the appeal. He challenges in this appeal, his conviction and sentence in the said case.

(2.) The case of the prosecution is that on 20.01.2016, at about 9.00 a.m., the accused along with a Juvenile in Conflict with Law (the JCL) committed gang rape on the victim girl aged 13 years, in the cattle shed attached to the house bearing No.XI/159 situated at Panankavu, and thereby committed the offences punishable under Sections 376D and 376(2)(i) of the Indian Penal Code (the IPC ) and Section 5(g) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 19 witnesses as PW1 to PW19 and proved through them 19 documents as Exts.P1 to P19. The witnesses examined on the side of the prosecution have also identified MO1 and MO2 series material objects. 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, and he then examined two witnesses as DW1 and DW2 on his side.