MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was the sole accused in Sessions Case No. 173/2001 on the file of the Additional Sessions Judge, Fast Track III, Thiruvananthapuram. Two school going girls alighted from a bus at Balaramapuram. They were going to a tutorial college. The allegation is that the appellant attempted to kidnap one of the girls and thus he committed the offence under Section 511 r/w. Section 366A I.P.C. The learned Sessions Judge found him guilty of the said offence and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- with a default clause.

(2.) The prosecution sought to prove its case mainly by the evidence of PW 2 and PW 9. PW 9 is the victim. She was aged nine years at the time of occurrence. PW 2 also was of the same age. They deposed that at about 7.30 in the morning on 17.4.2000 they boarded a bus at Mudavumpara and alighted at Balaramapuram. They were going to a tutorial college at Balaramapuram. The appellant who was on the bus also got down at Balaramapuram. When the victim girl (PW 9) got down, the appellant asked her to get down slowly. Thereafter, he put his hands on her shoulder and walked along with her. PW 9 deposed that she asked the appellant to take off her hands. The appellant then said that he was her uncle and he offered to buy her toffees and chain. The girl silently walked towards the college, which was nearby. Even when they reached the college, he did not let her go. So PW 2, realising danger, started crying. Accidentally, PW 1, an uncle of the victim girl, happened to come there driving an auto rickshaw. He asked PW 2 why she was crying. She told him that her friend was being taken away by a stranger. Then only he noticed that the victim was his niece. He went to the appellant and asked him to let the victim go. The appellant took to his heels. While running he looked back and fell down and in the process he sustained injuries. This is the sum and substance of evidence of PW 1, PW 2 and PW 9.

(3.) The police registered a case on the basis of information given by PW 1 at 8.30 in the morning on the date of occurrence.