PRAMOD 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.1362 of 2016 on the files of the Additional Sessions Judge, Thiruvananthapuram. The appellant is the sole accused in the case.

(2.) The accusation in the case is that on 19.09.2016, at about 6.00 am, while the victim boy aged 11 years was proceeding from his house to a tuition centre, the accused abducted him to a remote place and committed penetrative sexual assault and carnal intercourse against the order of nature on him by kissing him and also by passing his penis into the anus of the victim boy, and thereby committed the offences punishable under Sections 363 and 377 of the Indian Penal Code (the IPC ) and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(3.) On the accused pleading not guilty of the charges, the prosecution examined 11 witnesses as PW1 to PW11 and proved 11 documents as Exts.P1 to P11. 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.