SASI 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.557 of 2014 on the files of the Special Court for trial of offences punishable under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act), Thodupuzha.

(2.) The appellant is the sole accused in the case. The victim in the case is a girl aged 13 yeas. The accusation in the case is that on 03.02.2013, at about 9.30 pm, the accused who is the partner of the younger sister of the mother of the victim girl, has trespassed into the house of the grandmother of the victim girl where the victim girl was residing at the relevant time, committed rape and penetrative sexual assault on her and thereby committed the offences punishable under Sections 450 and 376 of the Indian Penal Code (the IPC) and Section 6 of the POCSO Act. It is also the accusation in the case that later, on 04.02.2013, at about 9 am, the accused dragged the victim girl to the portion of the very same house where he was residing and committed rape and penetrative sexual assault on the victim girl again. The offences alleged were, therefore, the offences punishable under Sections 450 and 376 of the IPC and Section 6 of the POCSO Act.

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 14 witnesses as PW1 to PW14 and proved 19 documents as Exts.P1 to P19. 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.