AJEESH @ AJEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant, the sole accused, in S.C.No.206 of 2010 on the file of the Court of Session, Kalpetta, Wayanad, challenges the conviction entered and sentence passed against him for the offences punishable under Ss. 377 and 506 Part II IPC.

(2.) The prosecution case is that on 11/10/2008 at about 12:30 p.m. the accused had carnal intercourse against the order of nature with PW1 a minor boy aged 12 years and threatened to do away with his sister if he divulged the incident to others. Hence, as per the final report/charge sheet the accused is alleged to have committed the offences punishable under Ss. 377 and 506 Part I IPC.

(3.) Crime no.174/2008, Thalapuzha police station, that is, Ext.P9 FIR was registered by PW8, the then Additional Sub Inspector of police, based on Ext.P1 FIS of PW1. The investigation was conducted by PW9, the then Additional Sub Inspector of Police, Thalapuzha, who on completion of investigation submitted the final report before the jurisdictional magistrate alleging the commission of the offences punishable under the aforementioned Ss. by the accused.