SHAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction of the appellant and the sentence imposed on him in S.C. No.448 of 2014 on the files of the Additional District and Sessions Judge, Ernakulam are under challenge in this appeal.

(2.) The second accused in the case is the appellant. The victim in the case is a girl aged 14 years. The accusation is that the second accused, with the aid and assistance of the first accused, committed penetrative sexual assault and rape on the victim girl at a place near her house. The offences alleged against the second accused were the offences punishable under Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 376(2)(i) of the Indian Penal Code (the IPC ) and the offence alleged against the first accused was the offence punishable under Section 17 of the POCSO Act.

(3.) On the accused pleading not guilty of the charges, the prosecution examined 13 witnesses as PW1 to PW13 and proved 19 documents as Ext.P1 to Ext.P19. The prosecution has also caused PW1 to identify MO1 to MO7 material objects. The accused were thereupon questioned by the court 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 they are innocent. Since the court did not find the case to be one fit for acquittal under Section 232 of the Code, the accused were called upon to enter upon their defence. The accused did not adduce any evidence.