RADHAKRISHNAN UNNITHAN 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.172 of 2015 on the files of the First Additional Sessions Court, Kollam. The appellant is the sole accused in the case.

(2.) The victim in the case is a minor girl aged 5 years. The appellant is residing in the immediate neighbourhood of the victim girl. The accusation in the case is that on 30.11.2014, at about 1 pm, the accused has bitten the breasts and caught hold of the private parts of the victim girl and thereby committed the offences punishable under Section 376 of the Indian Penal Code (the IPC ) and Section 5(l) read with Section 6 , and Section 7 read with Section 8 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 11 witnesses as PW1 to PW11 and proved 10 documents as Exhibits P1 to P10. 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 , however, adduce any evidence.