SUMESH 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.473 of 2013 on the files of the First Additional Sessions Court, Palakkad.

(2.) The appellant is the sole accused in the case. The accusation against the accused is that in between April and September, 2012, the accused enticed the victim girl aged 17 years on the premise that he would marry her and had sexual intercourse with her in a lodge and also in a sugar-cane garden and thereby committed the offences punishable under Section 376 of the Indian Penal Code (IPC) and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) After hearing the parties, the court below has framed charge against the accused only under Section 376 of IPC. On the accused pleading not guilty of the charge framed against him, the prosecution examined 17 witnesses as PW1 to PW7 and PW9 to PW18 and proved 13 documents as Exts.P1 to P13. 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 court did not consider the case to be one fit for acquittal under Section 232 of the Code, the accused was called upon to enter his defence. The accused did not enter upon his defence.