JOJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in S.C.No.909 of 2013 on the files of the Additional Assistant Sessions Court, Irinjalakkuda. He has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The accusation against the accused is that on 06.01.2013, at about 9.00 p.m., the accused committed rape on the victim lady aged 80 years who is the mother of his wife at her house and thereby committed the offence punishable under Section 376 of the Indian Penal Code(the IPC).

(3.) On the accused pleading not guilty of the charges, the prosecution examined 14 witnesses as PW1 to PW14 and proved 23 documents as Exts.P1 to P23. The witnesses examined on the side of the prosecution have also identified the material objects in the case namely MO1 and MO2. The prosecution has also produced Ext.X1 Medical Board Report in respect of the victim lady. 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 and that he is falsely implicated in the case by PW1 and PW2 on account of their strained relationship with him due to a property dispute.