AYUB,S/O KUNHENI Vs. STATE OF KERALA

JUDGEMENT

(1.) Though the accused in this case faced prosecution for the offence punishable under Section 511 of 376 of Indian Penal Code, after trial he was found guilty of the offence under Section 354 of the Indian Penal Code. He was therefore convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10,000/- . Set off as per law was allowed.

(2.) PW1 is the victim in this case. She at the relevant time was staying with her husband and she had been married only 1 = years prior to the incident. The accused was her neighbour and was in fact residing with his sister. It is alleged that the accused used to come to the house of the victim and pick up conversation with CW3. When her mother-in-law was not at home, it is alleged that the accused used to behave indecently. On one of the occasions, he caught hold of PW1 and kissed on her cheeks. She extricated herself and ran outside and threatened that if he dared to touch her again, she would commit suicide. The accused is said to have left the place. PW1 then honestly believed that no further mischief would be committed by the accused. On 28.03.2007, at about 12.30 in the noon, when her mother-in-law was not at home, the accused is alleged to have come to her house. As soon as she saw him, she ran inside the house, got into the bed room and tried to close the door. By that time, he had come near her and he caught hold of her and threw her on the bed. She would say that she was kissed on the cheek, neck and she was hugged.

(3.) The court before which the final report was laid, took cognizance of the offence. Finding that the offence is exclusively triable by a Court of Sessions, the said court committed the case to Sessions Court, Manjeri under Section 209 Cr.P.C. The said court made over the case to Additional Sessions Court, (Adhoc), Manjeri for trial and disposal.