R.M.VINOD KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction of the appellant and the sentence imposed on him in S.C. No.503 of 2012 on the files of the First Additional Sessions Court, Thalassery are under challenge in this appeal.

(2.) The appellant is the sole accused. The victim in the case is a girl aged 17 years. The accusation in the case is that on 01.05.2011 at 3.00 p.m., and on several subsequent dates till 05.07.2011, the accused committed rape on the victim girl at her residence, 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, the prosecution examined 10 witnesses as PWs.1 to 10 and proved 12 documents as Exts.P1 to P12. The witnesses examined on the side of the prosecution have also identified MO1 to MO3 material objects. The accused was, thereupon, questioned by the court 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 thereupon gave evidence in the proceedings as DW1. He also proved 4 documents as Exts.D1 to D4.