VIBHOOTHI ADHIKKARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.595 of 2015 on the files of the Additional Sessions Court, Thiruvananthapuram is the appellant in the appeal. He challenges in the appeal his conviction and sentence in the said case.

(2.) The victim in the case is a girl aged 15 years. She was residing near a quarry. The accused was an employee in the quarry and he was also residing near the quarry. The accusation in the case is that the accused had sexual intercourse with the victim girl who was a child on several occasions in the year 2014 and had also impregnated her. The offences alleged against the accused were the offences punishable under Sections 450 , 506 and 376 of the Indian Penal Code (the IPC ) and Section 5(j)(ii) read with Section 6 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 13 witnesses as PW1 to PW13 and proved through them 16 documents as Exts.P1 to P16. 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 evidence 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. He did not, however, adduce any evidence.