SAKKIR HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offence punishable under Section 376 read with 34 of IPC. He was found guilty and was convicted and sentenced to suffer rigorous imprisonment for three years and to pay a fine of 5,000/- with a default clause of two months simple imprisonment. If the fine amount was realized, it was directed to pay the victim as compensation. Set off as per law was allowed.

(2.) PW1 is the victim in this case. The victim at the relevant time was studying the sixth standard. After her father goes for work, she is alone at home. According to her, on a day, the accused is alleged to have entered the house and committed the sexual assault on her. When she tried to cry aloud, she was threatened with dire consequences. Going by Ext.P1, First Information Statement, there was another person also involved in this case. PW12 recorded Ext.P1, First Information Statement and registered crime as per Ext.P8, FIR. PW13 took over investigation. The victim was examined by PW7, the doctor who issued Ext.P6 certificate. PW13 questioned the witnesses and obtained records relating to the date of birth of the victim, completed investigation and laid charge before the court.

(3.) The records indicate that the petitioner had gone abroad and the trial was being proceeded only against the second accused. After trial, the second accused was acquitted of the said charge. Later when the petitioner was apprehended, the proceedings as against him continued.