SATHIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the second accused in Crime No.369/2000 of Aluva police station, who had been convicted by the Judicial First Class Magistrate-I, Aluva in C.C.No.726/2000, for the commission of offence under Ss. 452, 323, 354 and 427 I.P.C. The above conviction as well as the sentence of simple imprisonment for two years under Sec. 452 I.P.C, simple imprisonment for three months each under Ss. 323 and 427 I.P.C and simple imprisonment for six months under Sec. 354 I.P.C, were upheld by the Additional Sessions Judge (Adhoc) II, Ernakulam in Crl.A.No.47/2004.

(2.) The prosecution case is that on 30/4/2000, at about 7.30 p.m, the petitioner along with the first accused in the crime, criminally trespassed into the house of the de facto complainant at Edathala Panchayat and subjected her and her mother to physical assault, in addition to outraging her modesty. It is alleged that the first accused caught hold of the neck and breasts of the de facto complainant and pushed her aside, whereas the petitioner inflicted a blow upon the left knee of the de facto complainant's mother with an iron rod resulting in injuries. The petitioner and his co-accused are also alleged to have caused destructions to the tune of Rs.25,000.00 by smashing the window glass and television of that house. In connection with the above incident, the S.I of Police, Aluva laid the final report before the Judicial First Class Magistrate-I, Aluva against the petitioner and the first accused for the commission of offence under Ss. 452, 324, 323, 354 and 427 I.P.C read with Sec. 34 I.P.C.

(3.) In the trial before the learned Magistrate, four witnesses were examined from the part of the prosecution as PW1 to PW4 and four documents were marked as Exts.P1 to P4. Two material objects were also brought in evidence as MO1 and MO2. In the meanwhile, the first accused went absconding, and hence the case against him was split up by the learned Magistrate. After evaluating the above evidence and hearing both sides, the learned Magistrate found the petitioner guilty of commission of offence under Ss. 452, 323, 354 and 427 I.P.C, and awarded the sentence as stated above.