LAWS(KER)-2024-2-74

SREEKUMAR Vs. STATE OF KERALA

Decided On February 05, 2024
SREEKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal is filed under Sec. 374(2) Cr.P.C., by the sole accused in S.C. No. 428 of 2014 on the file of the Additional Sessions Court (for the trial of cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam, challenging the conviction and the sentence passed against him for the offences punishable under Sec. 376(2)(i) and (n) of IPC and Sec. 5(j)(ii) and (l) r/w Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('Act, 2012' for short).

(2.) The prosecution case is that the accused had forcibly subjected the minor victim girl aged below 15 years to sexual intercourse on a day in the month of March, 2013, at about 11 a.m. on a cot in the front room of her house in Aikkaranadu Panchayat and repeated the offence on several other subsequent days till July 2013 at the same place by giving a promise to marry her and thereby, impregnated her and committed the offences as aforesaid.

(3.) On the basis of Exhibit P1 First Information Statement of the victim girl, Exhibit P8 FIR was registered by PW9, Station House Officer of Puthencruz Police Station and thereafter, PW14, Inspector of Police, Puthencruz, conducted the investigation and filed the final report.