BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C.No.830 of 2013 on the files of the Additional Sessions Court, Thiruvananthapuram. The appellant is the sole accused in the case.

(2.) The accusation in the case is that on 02.12.2012 at about 6 p.m., the accused had carnal intercourse against the order of nature with the victim boy aged 12 years, and thereby committed the offences punishable under Section 377 of the Indian Penal Code (the IPC ) and Section 3 read with Section 4 , Section 7 read with Section 8 and Section 11 read with Section 12 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 9 witnesses as PWs.1 to 9 and proved 12 documents as Exts.P1 to P12. The witnesses examined on the side of the prosecution have also identified the 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 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.