LAWS(KER)-2023-4-2

SAJI JOSEPH Vs. STATE OF KERALA

Decided On April 03, 2023
Saji Joseph Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This jail appeal filed under Sec. 383 Cr.P.C. has been filed by the sole accused in S.C.No.543/2016 on the file of the Court of Session, Thodupuzha, challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 450, 341, 323 and 326 IPC.

(2.) The prosecution case as described in the final report/charge sheet is as follows- The accused with the intention of committing rape, on 29/01/2016 at 11 a.m., trespassed into the house of PW1 bearing No. I/52, Kozhimullur House, Chinnakkal grama panchayat, which house is owned by Aneesh (PW6), wherein PW1was residing along with her family, wrongfully restrained her; voluntarily caused hurt to her by beating, kicking her and thereafter ravished her. The rape was committed in the hall of the aforesaid residential building. Hence the accused is alleged to have committed the offences punishable under the above-mentioned Ss. .

(3.) On the basis of Ext.P1 FIS of PW1, the victim, given on 30/01/2016 at 10 a.m. and recorded by PW11, WCPO Santhanpara Police Station, Ext.P9 FIR, i.e., Crime No.50/2016, Santhanpara Police Station was registered by PW13, the Additional Sub Inspector of Police. PW14, the then S.I., Devikulam Police Station, conducted the investigation and submitted the charge sheet against the accused. On submission of the final report before the jurisdictional magistrate, the case was taken on file as C.P.No.70/2016, pursuant to which the case was committed to the Court of Session, Thodupuzha, which court took the case on file as S.C.No.543/2016.