ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C. the appellants who are accused nos.1 and 2 in S.C.No.291/2011 and S.C. No. 251/2012 on the file of the Court of Session, Manjeri challenges the conviction entered and sentence passed against them for the offence punishable under Sec. 377 IPC.

(2.) The prosecution case is that the accused persons two in number in furtherance of their common intention to commit carnal intercourse against the order of nature, on 19/05/2010 at 01:45 p.m. took PW5, a boy aged 16 years in their car, forcibly made him drink alcohol, took him to a desolate place and had carnal intercourse against the order of nature. Hence, the accused persons as per the final report/charge sheet are alleged to have committed the offences punishable under Ss. 363 and 377 read with Sec. 34 IPC.

(3.) Crime no.209/2010, Malappuram police station, that is, Ext.P7 FIR was registered by PW8, Sub Inspector, Malappuram police station based on Ext.P4 FIS of PW5, the victim boy, which statement was recorded by PW6, Sub Inspector, Malappuram police station. The case was investigated by PW8, who completed the investigation and submitted the final report/charge sheet against the accused alleging the commission of the offences punishable under the above-mentioned Ss. .