CYCIL, S/O MARKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THOUGH charged for three offences the court below tried the accused for offences punishable under Section 511 of 376 and 323 IPC. After trial the court found him guilty of the offence punishable under Sections 323 and 354 IPC. He was convicted for the offence and was sentenced to undergo simple imprisonment for three months under Section 323 IPC and rigorous imprisonment for one year under Section 354 IPC. The sentence were directed to run concurrently. Set off as per law was allowed.

(2.) THE incident in this case occurred on 26/11/01. The victim is CW2. She is a minor aged 13 years at the time of the incident. According to the allegations, on the date of the incident at about 3.00 p.m. while the victim was returning home situated near Vizhinjam ferry after taking bath, the accused enticed and threatened the minor CW2 at the road leading from Thennoorkonnam - Kottapuram road to Ozhavila colony and taken her to house No.XV/11 situated in the Vizhinjam Grama Panchayat and made her lie on a mat and removed her clothes forcibly and thereafter making himself nude attempted to commit rape on CW2. When she resisted the accused slapped on her cheek and on hearing her alarm when people gathered, the accused ran away.

(3.) SINCE the court before whom Final Report was laid took cognizance of the offence found that the offence is exclusively triable by a court of sessions, the said court committed the case to court of sessions. That court made it over to the Additional Sessions Judge, Fast Track III, Thiruvananthapuram for trial and disposal. The latter court after obtaining records and appearance of accused framed charge for the offence punishable under Section 511 of 376 and 323 IPC. To the charge the accused pleaded not guilty and claimed to be tried in the matter. Prosecution had PWs.1 to 13 examined; Exts.P1 to P14 marked; and MOs.1 to 4 identified and marked. After the closure of the prosecution of evidence, the accused was questioned under Section 313 Cr.P.C. He denied all incriminating circumstances appearing in evidence against him and maintained that he is innocent. In addition he stated that on the day of the incident, he had come after fishing and while he was sleeping, a girl came for snatching his chain. Then he slapped once or twice on her cheek. People said that this girl is of unsound mind. Then the girl ran away. He denied having committed any other act.