SANDEEP 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.526 of 2014 on the files of the Additional Sessions Court-I (Special Court for the trial of offences punishable under the Protection of Children from Sexual Offences Act), Manjeri.

(2.) The appellant is the sole accused in the case. The accusation against the accused is that on 27.06.2014, he committed penetrative sexual assault on the victim girl aged 17 years at a place near her residence. It is also alleged that thereafter, on 10.07.2014 also, the accused committed penetrative sexual assault on the victim girl at her residence. The offences alleged against the appellant are offences punishable under Sections 450 and 376 of the Indian Penal Code (IPC) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the Act).

(3.) The crime from which the case arose was one initially registered by the police under Section 57 of the Kerala Police Act on a complaint from the father of the victim girl that the victim girl is missing. Later, it was found that the victim girl had eloped with the accused. The police traced out the victim girl and the accused from Raichur in the State of Karnataka. Thereafter, the Sections under which the case was registered initially were altered to Sections 450 and 376 of IPC and Section 5(l)read with Section 6 of the Act.