ESKEEL DENNIS Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused was found guilty of the offence punishable under Section 376 of IPC and was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and directed to pay a fine of Rs. 5,000/- in default of payment of which he had to suffer rigorous imprisonment for a period of one year. Set off as per law was granted.

(2.) PW3, the mother of PW1-the victim, in this case was in the hospital on 24.08.1996. PW1, the child-the victim had gone to visit her mother. There, they were joined by the accused. Since the victim, that is PW1 had to participate in a function in a Church nearby the next day, on 24.08.1996, she returned with accused to his house. The next day that is on 25.08.1996, PW1 along with the children of the accused went to the Church and returned. Two of the children of the accused went along with the relatives while the third one at the relevant time had gone to watch TV in the neighborhood.

(3.) On getting the records, the sessions court and on appearance of the accused, charge was framed for the offence punishable under Section 376 of IPC. To the charge, the accused pleaded not guilty. The prosecution therefore examined PWs 1 to 15 and had Exts.P1 to P11 marked. After the close of prosecution evidence, the accused was questioned under Section 313 of Cr.P.C. He denied all the incriminating circumstances brought out in evidence put to him and maintained that he is innocent. Finding that the accused could not be acquitted under Section 232 of Cr.P.C. he was asked to enter on defence. The accused chose to adduce no evidence.