PRADEEP P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.723 of 2017 on the files of the Additional Sessions Court, Ernakulam is the appellant in this appeal, which is preferred challenging his conviction and the sentence in the said case.

(2.) The accusation in the case is that on 13.05.2017 at about 14 hours, the accused sucked the vagina and bite the belly of the victim girl aged 6 years with sexual intent after removing her dress and thereby committed the offences punishable under Sections 376(2)(i) of the Indian Penal Code (the IPC ) and Section 5(m) read with Section 6 and also Section 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act (the POCSO Act).

(3.) On the accused pleading not guilty of the charges, the prosecution examined 12 witnesses as PW1 to PW12 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 consider 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 thereupon examined a witness on his side as DW1.