YOUSEF Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of Code of Criminal Procedure ('Cr.P.C'), the appellant/accused challenges the judgment of conviction and the order of sentence passed against him in S.C.No.298/2015 of Additional District and Sessions Court, Ernakulam (Special Court for the trial of cases relating to Atrocities and Sexual Violence against Women and Children) whereunder he was convicted for the offences punishable under Ss. 366, 376(1) of the Indian Penal Code (IPC) and Sec. 3(a) read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) Prosecution case in brief is as follows: Accused who got acquainted with the minor prosecutrix through phone call, with intent to kidnap her from the lawful custody of her parents and to have illicit intercourse with her, induced her to reach Palakkad and pursuant to the said inducement of the accused, on 5/12/2014, the prosecutrix left her home and reached Palakkad. Accused who was waiting at the Palakkad Transport Bus Station, picked her up on a motor cycle and thereafter took her to the terraced portion of a water tank situated near C.H.Mini Stadium, Panchayath Road, Kumarapuram, Mannarkad and committed rape on her. Accused thereby committed the offences aforementioned.

(3.) On 5/12/2014, when the prosecutrix was found missing from her home, her father viz. PW2 lodged a complaint before the Police and a crime was registered under Sec. 57 of the Kerala Police Act. On 6/12/2014, the victim returned home. She was produced before the jurisdictional Magistrate. Based on her statement, Ext.P11 report was filed before the court to add Ss. 366 and 376 IPC and Sec. 3(a) of the POCSO Act. After investigation, the Investigating Officer filed final report against the accused for the offences punishable under Ss. 366, 376(2)(n) IPC and Sec. 5(1) read with Sec. 6 of the POCSO Act.