SAINUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. by the sole accused in S.C.No.593/2015 on the file of the Court of Session, Ernakulam, has been filed through the Superintendent, Central Prison, Viyyur under Sec. 383 Cr.P.C challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 376 (2) (n), 506 (ii) IPC, 5 (l) and (n) r/w 6 of the PoCSO Act, and Sec. 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) The prosecution case as described in the final report/charge sheet is as follows: - The accused with the intention of committing rape on his daughter, aged 12 years, on several days during the period from 27/5/2014 to 27/2/2015, had repeated aggravated penetrative sexual intercourse with her. The place of occurrence is their residence bearing No. XVI/547, Kottuvally Grama Panchayath. The accused also threatened his daughter with dire consequences in case she disclosed the matter to the outside world. Hence the accused is alleged to have committed the offences punishable under the above-mentioned Ss. .

(3.) Based on Ext. P1 FIS of PW1, the victim, given on 5/3/2015 and recorded by PW12, A.S.I of North Paravur Police Station, Ext. P14 FIR, that is, Crime No. 303/2015 was registered by PW15, the then Sub Inspector of the same Police Station. PW14, the then Circle Inspector, Paravur conducted the investigation and submitted the charge sheet before the court. On submission of the final report before the Sessions Court, the case was taken on file as S.C. No. 259/2015.