REGHUNADHAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused is the appellant. The appeal is directed against the judgment of the trial court, convicting and sentencing him for the offences punishable under Section 376 of the Indian Penal Code and also under Section 3 read with 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the Act').

(2.) The prosecution case, in short, is as follows: A new house was being constructed by PW1, the mother of the victim girl. PW1, with her family, was residing in the temporary shed made in the same compound. PW1 and her husband had engaged the accused for doing the electrical work in the new house which was under construction. On 07.01.2013, at about 10.00 hours, while the accused was doing electrical work in the new house, the victim girl, who was aged eight years at that time, went there. The accused then caught hold of her and placed her on the iron ladder in the hall. He kissed her on the cheek and the chest and fondled her vagina. He brought down the panties worn by the child and inserted his penis into her vagina and thus committed penetrative sexual assault on her.

(3.) PW1 was not present there at the time of the incident. When she returned home, the victim girl told her about the act committed by the accused. Some neighbours, who had reached there hearing the child screaming, also came to know about the incident.