SAINUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred under Sec. 383 of the Code of Criminal Procedure by the accused in S.C. No. 259/2015 on the file of the Court of Additional District and Sessions Judge, Ernakulam (for short, 'the court below') challenging the judgment of conviction and sentence dtd. 16/4/2016.

(2.) The accused faced trial for the offences punishable under Ss. 376(2)(i) and (n), 506(II) of IPC, Sec. 5(l) and (n) r/w 6 of the Protection of Children from Sexual Offences Act (for short, POCSO Act) and Sec. 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, JJ(CPC) Act).

(3.) The victim was a minor girl aged less than 12 years, studying in 5th standard, at the time of the incident. The accused is none other than the father of the victim. The prosecution case in short is that during the period from May 2012 to April 2013, on several days, the accused repeatedly committed sexual assault on the victim by threatening her at their house situated at Kottuvally village.