XXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the sole accused in SC No.170/2017, challenging his conviction under Ss. 452, 376(2)(f),(n)&(i) and 506(ii) of IPC and Ss. 5(l)&(n) r/w Sec. 6 of the Protection of Children from Sexual Offences Act, 2012('POCSO Act' for short) and sentence imposed under the afore IPC provisions by the Special Court for trial of offences under POCSO Act and Children 's Court, Kalpetta.

(2.) The prosecution case is that on 5/3/2017 at about 10.15 pm, the accused, who is a close relative of the victim (PW2) aged 15 years, criminally trespassed into her house situated in Oorukandy Paniya Colony and took her to a shed nearby and committed rape/aggravated penetrative sexual assault upon her. Thereafter, on 15/3/2017 at about 12 am, inside the house of the accused situated in Mundavara, the accused after threatening and intimidating her, again committed rape/aggravated sexual assault upon her.

(3.) In the trial court, from the side of the prosecution, PW1 to PW16 were examined and Exhibits P1 to P24 documents and MO1 and MO2 were marked. On examination under Sec. 313 Cr.P.C., the accused denied all the incriminating circumstances appearing against him in evidence and contended that he is innocent. From the side of the accused, no evidence was adduced. The trial court on an appreciation of the evidence on record, found the accused guilty and convicted him under Ss. 452, 376(2)(f),(n)&(i)and Sec. 506(ii) of IPC and Ss. 5(l)& (n) read with Sec. 6 of the POCSO Act. The accused was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000.00 under Sec. 452 IPC and in default, to undergo RI for six months. The accused was also sentenced to undergo rigorous imprisonment for life for the remainder of his natural life and to pay a fine of Rs.50,000.00 each for the offences under Ss. 376(2)(n), 376(2)(i) and 376(2)(f) of IPC. In case of each default, the accused was ordered to undergo rigorous imprisonment for a period of one year each. The accused was further sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000.00 under Sec. 506 (ii) IPC. In case of default, the accused was ordered to undergo rigorous imprisonment for a period of six months. No separate sentence was awarded for the offences under the POCSO Act and the substantive sentences were ordered to run concurrently.