VINODAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in S.C.No. 751 of 2016 on the files of the Additional Sessions Court, Kozhikode has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The second accused in the case was absconding and as such, he was not tried. The third accused in the case is a 'child in conflict with law' (the child) in terms of the Juvenile Justice (Care and Protection of Children) Act , 2015 and the enquiry against him under the said statute is stated to be pending.

(3.) The victim in the case is a minor boy. The accusation in the case is that on 18.05.2016, at about 19.30 hours, the second accused and the child took the victim boy to the premises of a school where the first accused has committed penetrative sexual assault on him with the active assistance of the child and the second accused. The offences alleged are the offences punishable under Section 3(d) read with Section 4 and Section 5(g) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).