LEELA, THENGINKUNNUMMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant is the first accused in S.C. No.64 of 2001 before the Additional District and Sessions Court, Fast Track (Adhoc II), Kozhikode, who suffered conviction for the offence punishable under Section 366A of Indian Penal Code and was sentenced to undergo rigorous imprisonment for nine years and to pay fine of Rs.25,000/- with default sentence of one year rigorous imprisonment. Set off as per law was allowed.

(2.) INITIALLY there were three accused persons and third accused attained the rank of the second accused when the original second accused absconded.

(3.) THE court, before which final report was laid, took cognizance of the offence. Finding that the offences are exclusively triable by a court of Sessions, the said court committed the case to Sessions Court, Kozhikode. The said court made over the case to Additional District and Sessions Court Fast Track (Adhoc II), Kozhikode for trial and disposal. The latter court, on receipt of records, framed charges for the offences punishable under Sections 366A and 376 of I.P.C. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution therefore had P.Ws.1 to 23 examined and Exts.P1 to P37 marked. M.Os. 1 to 3 were got identified and marked. After the close of the prosecution evidence the accused was questioned under Section 313 Cr.P.C. They denied all the incriminating circumstances brought out in evidence against them and maintained that they were innocent. On finding that the accused could not be acquitted under Section 232 Cr.P.C., they were asked to enter on his defence. It seems that the defence examined D.W.1 and had Exts.D1 series and Ext.D2 marked.