GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.388 of 2013 on the files of the First Additional Sessions Court, Kottayam is the appellant in this appeal, which is preferred challenging his conviction and sentence in the said case.

(2.) The accusation in the case is that from the year 2010 till 30.06.2012, the accused committed rape on the de facto complainant and her daughter aged 11 years, at their house situated at Erumeli, and thereby committed the offence punishable under Section 376 of the Indian Penal Code (the IPC ).

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 10 witnesses on its side as PWs.1 to 10 and proved 14 documents as Exts.P1 to P14. PW3 examined on the side of the prosecution has identified the material object in the case, MO1. 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.