LAWS(KER)-2020-12-367

SAJIN Vs. STATE OF KERALA

Decided On December 18, 2020
SAJIN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.72/2010 on the file of the Judicial First Class Magistrate Court, Kolencherry and the appellant in Crl.Appeal No.500/2011 on the file of the Additional Sessions Court, Muvattupuzha. The offences alleged against the revision petitioner are punishable under Sections 457 and 354 of the Indian Penal Code (hereinafter referred to as 'the IPC ').

(2.) The prosecution allegation in brief is that on 20.11.2009 at about 11.30 pm., the accused with his intention to outrage the modesty of PW1 had unbolted the door, entered into PW1's residential house bearing door No.XI/416 of Aikkaranad North Village, Koorachi bhagom, Kadayiripu kara, tore her churidar and caught hold of her breast and thereby committed the offences punishable under Sections 354 and 457 of the IPC.

(3.) During the trial, PWs.1 to 7 were examined and marked Exts.P1 to P6 and MOs.1 to 3 on prosecution side. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of the Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. No defence evidence was adduced by him.