RAMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction of the appellant and the sentence imposed on him in S.C.No.238 of 2015 on the files of the First Additional Sessions Court, Thrissur are under challenge in this appeal.

(2.) The first accused is the appellant. The victim in the case is a girl aged 12 years. The first accused is the step father of the victim girl. The second accused is the mother of the victim girl. The accusation in the case is that sometime during Onam holidays in the year 2014, the first accused committed rape and penetrative sexual assault on the victim girl with the knowledge and connivance of the second accused. The offences alleged against the first accused were, therefore, offences punishable under Sections 376(2) (f) and 376(2)(i) of the Indian Penal Code (the IPC) and Sections 4 and 6 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 19 witnesses as PWs.1 to 19 and proved 34 documents as Exts.P1 to P34. PW1 has also identified the material objects, Mos.1 to 3. The accused were, 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 they are innocent. Since the trial court did not find the case to be one fit for acquittal under under Section 232 of the Code, the accused were called upon to enter on their defence. The accused did not adduce any evidence.