A.NEELALOHITHADASAN NADAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner, Minister for Forest, Kerala, in 1999, was prosecuted before the Judicial First Class Magistrate Court - IV, Kozhikode (referred to as 'the trial court'), for an offence punishable under Sec. 354 of the IPC, on the allegation that he outraged the modesty of the victim, an officer of the Indian Forest Service who was then serving as the Divisional Forest Officer, Kozhikode. After a comprehensive trial, the trial court found the petitioner guilty of the offence under Sec. 354 of the IPC, convicted him, and sentenced him to undergo simple imprisonment for one year. On appeal, the Court of Session, Kozhikode (referred to as 'the appellate court'), upheld the conviction but reduced the sentence to three months' simple imprisonment. This revision petition has been filed challenging the judgments of both the trial court and the appellate court.

(2.) I have heard Sri.S.Rajeev, the learned counsel for the petitioner and Sri.E.C.Bineesh, the learned Senior Public Prosecutor.

(3.) The conviction was primarily based on the victim's oral testimony. The evidence of the mother and a friend of the victim, who were examined as PW5 and PW14, respectively, to whom the victim allegedly disclosed the incident on the same day, as well as the evidence of PW6, Chairperson of the Kerala Women's Commission, PW8, Forest Conservator, and PW9, Chief Conservator of Forest (Vigilance), to whom the victim allegedly informed about the incident a few days later, were also relied upon.