ABHISHEK.K.A @ BHANU Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.1092 of 2017 on the files of the Additional Sessions Court, Ernakulam has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The victim in the case is a boy aged 11 years. The accusation against the accused is that in between June 2015 and March 2016, the accused used to show to the victim boy obscene pictures from his phone, and in the said course, he had applied his mouth to the penis of the victim boy twice at the kitchen of the house of the accused, and thereby committed the offences punishable under Section 11(iii) read with Section 12 and Sections 5(l) and 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). It is also the accusation in the case that the accused has caused injury to the penis of the victim boy while assaulting him sexually and thereby committed the offence punishable under Section 323 of the Indian Penal Code (the IPC). It is the further accusation in the case that after having so assaulted and harassed the victim boy sexually, the accused had also threatened the victim boy that he will be killed, if he reveals the overt acts committed by the accused to anyone and thereby committed the offence punishable under Section 506(i) of the IPC.

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 12 witnesses on its side as PWs.1 to 12 and proved through them 16 documents as Exts.P1 to P16. Among the witnesses examined on the side of the prosecution, PW1 is the victim boy and PW2 is the mother of the victim boy. Among the documents proved, Ext.P1 is the First Information Statement given by the victim boy and Ext.P11 is the statement of the victim boy recorded under Section 164 of the Code of Criminal Procedure (the Code).