HARIDASAN CHEKKOOTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 377 and 306 of Indian Penal Code. He was found guilty on both counts and was convicted and sentenced to suffer rigorous imprisonment for a period of seven years on each count and also to pay a fine of Rs.10,000/- on each count with default clause of rigorous imprisonment for two months for each of the offences. The substantive sentences were directed to run concurrently. Set off as per law was allowed.

(2.) The prosecution tells the story thus:

(3.) The court before which final report was laid took cognizance of the offences and on finding that the offences are exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Kozhikode. The said court made over the case to Additional District and Sessions Court, Fast Track (Ad hoc II), Kozhikode for trial and disposal. The latter court, on receipt of records and on appearance of the accused, framed charge for the offences punishable under Sections 377 and 306 IPC. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution therefore had PWs 1 to 8 examined and Exts.P1 to P14 marked. M.O.s 1 to 5 were got identified and marked.