AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was tried for the offences punishable under Sections 451, 511 of 376 IPC. After trial, he was found guilty of the offences punishable under Sections 451 and 354 IPC. He was convicted for those offences and sentenced to undergo rigorous imprisonment for one year under Section 354 IPC and for six months under Section 451 IPC. Sentence as directed was confirmed and set off as per law was allowed.

(2.) THE incident, which gave rise to the case, occurred on 17.03.2006 at about 10.30 a.m. PW1 is the victim and the PW2 is her mother. The allegation is that PW1, while returning home for lunch, had an occasion to meet the accused on the way, who asked about her parents, sister etc. The victim, PW1, replied that they were not at home.

(3.) THE Court, before which, final report was laid, took cognizance of the offences. Finding that the offences were exclusively triable by a Court of Sessions, the said court committed the case to Sessions Court, Kalpetta. 4. The Sessions Court, Kalpetta made over the case to Additional Sessions Court, (Adhoc - II), Kalpetta for trial and disposal. The latter Court, on receipt of records, framed charges for the offences punishable under Sections 451 and Section 511 of 376 IPC. To the charge, accused pleaded not guilty and claimed to be tried. The prosecution, therefore, had PWs 1 to 11 examined and had Exts.P1 to P9 marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. He further stated he had not committed any offence. On the day on which the incident had occurred, while he was coming along the road, the child was standing in her courtyard. Seeing him, the girl got frightened as he was carrying a chopper with him and a branch of tree and the child cried aloud. It is stated by him that, in the evening, when PW2 returned home, she heard about the incident and picked up quarrel with the wife of the accused. In order to wreak vengeance, a false complaint has been made.