ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the sole accused in S.C.No.782/2010 on the files of the First Additional Sessions Court, Thiruvananthapuram and the respondent herein is the State of Kerala represented by the learned Public Prosecutor. The appellant herein impugns judgment in S.C.No.782/2010 dtd. 3/6/2016, whereby the learned Additional Sessions Judge convicted the accused /appellant herein for the offence punishable under Sec. 376(2)(f) of the Indian Penal Code ('IPC' for short) and he was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5.00 lakh for the said offence and in default of payment of fine, to undergo rigorous imprisonment for one year. Fine was ordered to be paid as compensation to the victim as provided under Sec. 357(1)(b) of the Code of Criminal Procedure (for short 'Cr.P.C' hereafter).

(2.) The case of the prosecution is that in between 7 a.m and 7.30 a.m on 1/4/2004, the accused herein committed rape against a minor girl while she was engaged in collecting cashew nuts from her property.

(3.) When the case was committed before the Sessions Court, the learned Sessions Judge made over the same to the Additional Sessions Court. The learned Additional Sessions Judge secured the presence of the accused for trial and tried the matter. During trial, PWs 1 to 18 were examined and Exts.P1 to P21 marked. M.O1 to M.O3 also were marked. Exts.D1 to D4 contradictions marked while examining the prosecution witnesses.