BEERENDRA SINGH DHAKKER Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant, who is the accused in S.C. No.696/2014 on the court of Session, Kasaragod, challenges the conviction entered and sentence passed against him for the offences punishable under Ss. 376(2)(n) and 506(ii) IPC and Sec. 5(l) read with Sec. 6 of the PoCSO Act.

(2.) The prosecution case as stated in the final report/charge sheet:- PW2 aged 13 years, is the daughter of CW4, Saraswathy through her first husband (CW3 Ukkam Singh is her second husband). The accused induced PW2 to join him on the promise of marriage. He threatened her that if she did not agree to the marriage, he would do away with her family and thus compelled PW2 to join him on 03/07/2014 at 11:00 a.m. The accused took PW2 to Malappuram district and they stayed at two places in Vattamkulam Village, during which he repeatedly raped PW2. Hence, the accused was alleged to have committed the offences punishable under Sec. 366A, 506(ii), 376(2)(n) IPC and Sec. 5(l) read with Sec. 6 of the PoCSO Act.

(3.) On the basis of Ext.P1 FIS given on 03/07/2014 at 12:50 p.m. by PW1, the paternal uncle of PW2, recorded by PW18, the then Assistant Sub Inspector of Police, Neeleswaram police station, Crime no.287/2014 was registered, that is, Ext.P14 FIR under Sec. 57 of the Kerala Police Act, 2011. Thereafter, investigation was conducted by PW23, the then Circle Inspector who, on completion of investigation, submitted the charge sheet alleging the commission of the offences punishable under the aforementioned Sec. .