JIJIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374 Cr.P.C., the appellant who is the accused in S.C.No.27/2012 on the file of the Court of Session, Kottayam, challenges the conviction entered and sentence passed against him for the offence punishable under Sec. 354 IPC.

(2.) The prosecution case is as follows:-

(3.) The jurisdictional magistrate after taking cognizance and on appearance of the accused, and after completing the necessary formalities commenced the trial of case. CW1, the mother; CW2, the victim and CW3, the father were examined as PWs 1 to 3 respectively. By then the Children's Court as contemplated under Sec. 25 of the Commissions for Protection of Child Rights Act, 2005 (the Act) was notified. Hence the learned magistrate committed the case to the Sessions Court, which court made over the case to the Children's Court for trial and disposal. A charge under Sec. 354 IPC was framed, read over and explained to the accused to which he pleaded not guilty.