SANTHOSH Vs. STATE

JUDGEMENT

(1.) This is an appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code). The appellant was the sole accused in S.C.No.44 of 2006 before the Additional Sessions Judge (Adhoc)-II, Kalpetta. He was convicted and sentenced for the offences punishable under Ss. 324, 354 and 448 of the Indian Penal Code, 1860 (IPC).

(2.) A final report was filed by the Sub Inspector of Police, Kalpetta in crime No.177 of 2005 of that Police Station alleging offences punishable under Sec. 308, 354 and 448 of IPC. The allegations were that on 2/5/2005 at about 3.00 a.m. the accused tried to outrage the modesty of PW2 by trespassing into her house which bears door No.XII/702(IV) of Kalpetta Municipality. Further, he stabbed PW1 with a knife at 5.30 p.m. on 3/5/2005 with the knowledge that his intended act would have caused the death of PW1. Thus, the appellant had committed the above mentioned offences.

(3.) Upon framing a charge and denying the same by the appellant, the prosecution has examined PWs.1 to 14 and proved Exts.P1 to P9. MOs.1 to 3 were identified. During examination under Sec. 313(1)(b) of the Code, the appellant denied incriminating circumstances. He further stated that the case was foisted by the relatives of PW2 knowing her relationship with the appellant. No defence evidence was let in.