BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant before us was convicted and sentenced to undergo rigorous imprisonment for life, rigorous imprisonment for fixed terms and fine in S.C.No.220/2016 on the file of the Special Court under the POCSO Act, Thodupuzha (for short 'trial court') for the offences under Sec. 6 of the Protection of Children from Sexual Offence Act, 2012 (for short 'POCSO Act'), and Sec. 506 (1), Sec. 326B and Sec. 323 of the Indian Penal Code (for short 'IPC').

(2.) The brief facts necessary for the disposal of this appeal are as follows:

(3.) The appellant pleaded not guilty to the charges against him. In the trial that followed, the prosecution examined 16 witnesses as PW1 to PW16 and marked Exts.P1, P1(a), P2 to P7, P7(a), P8 to P17 and P17(a) documents. The witnesses also identified MOs.1 to 6. After questioning the appellant under Sec. 313 Cr.P.C, the learned Prosecutor and the learned counsel for the accused were heard under Sec. 232 Cr.PC. Not finding him entitled to an acquittal at that stage, the appellant was called upon to adduce evidence in his defence. However, no evidence was adduced. The trial court, therefore, proceeded to hear the learned counsel on either side and convict the appellant as charged. He was sentenced to undergo life imprisonment and to pay a fine of Rs.20,000.00, in default, to suffer rigorous imprisonment for six months under Sec. 6 of the POCSO Act, to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000.00, in default, to suffer rigorous imprisonment for one month under Sec. 326B of IPC, to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000.00, in default, to suffer rigorous imprisonment for one month under Sec. 323 of IPC, and to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000.00, in default, to suffer rigorous imprisonment for one month under Sec. 506(1) of IPC. Substantive sentences of imprisonment were ordered to be run concurrently.