ANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 383 Cr.P.C., the appellant, who is the sole accused in S.C. No.764 of 2020 on the file of the Court of Session, Kollam, challenges the conviction entered and sentence passed against him for the offences punishable under Sec. 376(2)(f)(i) IPC and Sec. 3(a) read with Sec. 4 and Sec. 5(n) read with Sec. 6 of the Protection of Children from Sexual Offences (PoCSO) Act.

(2.) The prosecution case is that the accused, the paternal uncle of PW1, a minor girl, with the intention to commit rape, trespassed into her residential house bearing no.XIX/228 in Vilangara Leksham Veedu Colony, Vilangara Muri, Ummannoor Grama Panchayat, and raped her while she was sleeping in the hall room of her house. Hence, as per the final report, the accused is alleged to have committed the offences punishable under Ss. 450, 324 and 376(2)(f)(i) IPC and Sec. 3(a) read with Sec. 4 and Sec. 5 read with Sec. 6 of the PoCSO Act.

(3.) Crime No.1024/2019, Kottarakkara police station, that is, Ext.P9 FIR, was registered by PW12, the Sub Inspector, Kottarakkara, based on Ext.P1 FIS of PW1 which was recorded by PW11, Sub Inspector, Vanitha Cell, Kottarakkara. PW13, CI, Kottarakkara, conducted the initial investigation. Investigation was thereafter taken over by PW14, DySP, Kottarakkara, who conducted part of the investigation. PW15 and PW16, DySP, Kottarakkara, conducted the further investigation and on completion of the investigation, PW16 submitted the final report before the court.