A.I. HUSSAINKUTTY @ ASSAINAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was charge-sheeted for offence under Sections 366, 376, 379 read with 34 of Indian Penal Code. He was tried for the said offences by Additional Sessions Court After trial, he was convicted and sentenced to undergo rigorous imprisonment for a period of 7 (Seven) years and to pay fine of Rs. 5,000/- (Rupees five thousand only) for the offence under Section 366 IPC and in default of payment of fine, to undergo rigorous imprisonment for a further period of 6 (Six months). He was also sentenced to undergo rigorous imprisonment for a period of 7 (Seven) years and to pay a fine of Rs. 5000/- (Rupees five thousand only) for the offence under Section 376 IPC and default of payment of fine, to undergo rigorous imprisonment of further period of 6 (Six) months. He was further sentenced to undergo rigorous imprisonment for a period of 3 (three) years and to pay a fine of Rs. 3000/- (Rupees Three thousand only) under Section 379 IPC and in default of payment of fine, to undergo rigorous imprisonment for a further period of 6 (Six) months. Substantive sentence shall run concurrently. Set of was allowed under Section 428 of Code of Criminal Procedure.

(2.) Charge was framed by the learned Additional Sessions Judge against the accused which reads as follows:

(3.) To prove the prosecution case, PWs 1 to 14 were examined. Exts. P1 to P18 and M.O. 1 series and M.O. 2 series were marked. Accused did not adduce any evidence but stated that he is innocent of the allegations made against him while he was standing in a bus stand the Police arrested him and asked him whether he was any dealing in visa several other questions were also put to him. Rs. 5000/- which was in his possession was taken by the police. Four cases were charge-sheeted and in other cases he was acquitted. He did not have any relationship with PW 1. She did not have any other dealing with the accused.