BHARATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A 48 year old accused, who stands convicted for offences punishable under Sections 354 and 376 of the Indian Penal Code in S.C.No.931 of 2012 of the Court of Sessions, Kozhikode division for outraging the modesty of a 43 year old women and thereafter committing rape on the 75 year old mother, is the appellant herein.

(2.) The allegation of the prosecution is that PWs.6 and 7, who are the mother and daughter, have been living in an old building. On 07.05.2012 at about 3 a.m., accused allegedly trespassed into the house and molested the daughter, PW7. She resisted, escaped from the house and sought asylum in the house of the neighbour. The neighbour along with PW7 and others returned to the house. There, they allegedly found the accused lying without any dress on the body of the mother and committing rape. She was found in a pool of blood. The accused immediately fled from the scene of occurrence. The mother was immediately rushed to the hospital and FIS was lodged. A crime registered, investigation proceeded and ultimately, accused was arrested. He pleaded not guilty and faced trial before the court below. On the side of the prosecution, PWs.1 to 15 were examined and Exts.P1 to P18 were marked. There was no defence evidence. The court below, on an evaluation of the available materials found the accused not guilty for offence alleged under Section 459 but convicted him for offences punishable under Sections 354 and 376 of the IPC. He filed this appeal from jail, aggrieved by the conviction and sentence.

(3.) Heard Mr.Dileep M.S., learned counsel on State Brief and Mr.Abhijith Leslie on behalf of the prosecution. Examined the records.