RATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the accused in S.C.No.665 of 2013 on the file of the Court of Session, Thrissur against the judgment of conviction and order of sentence, whereby he was convicted and sentenced for the offences punishable under Ss. 450, 376 and 392 of the Indian Penal Code [hereinafter referred to as 'IPC '].

(2.) Prosecution case in brief is as follows:- Accused who was in acquaintance with the minor prosecutrix through 'Facebook ' criminally trespassed into the residence of the prosecutrix on 21/3/2012 during night and committed rape on her. Thereafter, during the period from 21/3/2012 to 21/9/2012, he sexually abused her on several occasions. He also robbed 12 sovereigns of gold ornaments kept in the almirah of the said house and one ATM Card and thereafter by misusing the said ATM Card, he withdrew an amount of Rs.7,300.00 from the account of the mother of the prosecutrix.

(3.) On 21/9/2012 when the prosecutrix revealed the incident to her mother namely PW2, she laid Ext.P1 First Information Statement before the Police. During the investigation, the accused was arrested; the recovery of gold ornaments was effected and after completing the investigation, charge sheet was laid before the jurisdictional Magistrate. Upon committal, the learned Sessions Judge framed charge against the accused. Accused pleaded not guilty to the charges and claimed to be tried.