STEPHEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.1359 of 2013 on the files of the Court of the Additional Sessions Judge for the Trial of Cases Relating to Atrocities and Sexual Violence Against Women and Children, Thiruvananthapuram is the appellant in the appeal. He stands convicted and sentenced for the offences punishable under Sec. 5(n) read with Sec. 6 and Sec. 9(n) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Sec. 506 Part 2 of the Indian Penal Code (IPC).

(2.) The victim in the case is none other than the daughter of the accused. The accusation as in the final report is that on 9/8/2013, the accused penetrated his penis into the mouth of the victim who was aged 9 years then and threatened her that he would cause her death, if she discloses the same to anyone.

(3.) The Special Court took cognizance of the offences alleged in the final report and issued summons to the accused. On the appearance of the accused, after complying with the procedural formalities, charges were framed against the accused, to which he pleaded not guilty. Thereupon, the prosecution examined 9 witnesses as PWs 1 to 9 and proved through them 12 documents as Exts.P1 to P12. On the closure of the evidence of the prosecution, when the accused was questioned on the incriminating evidence let in by the prosecution under Sec. 313 of the Code of Criminal Procedure (the Code), he denied the same and maintained that he has been falsely implicated in the case, with a view to avoid him at the instance of his wife, who maintains an illicit relationship with another. Inasmuch as the Special Court did not find the case to be one fit for acquittal under Sec. 232 of the Code, the accused was called upon to enter on his defence and he chose not to adduce any evidence.