XXX Vs. GOPALAN K.T

JUDGEMENT

(1.) This appeal has been filed by the victim in S.C. No. 257 of 2019 on the file of the Sessions Court, Kasaragod, under the proviso to Sec. 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the judgment of acquittal passed in the said case.

(2.) The crux of the prosecution's case is as follows: On 3/12/2018, at approximately 8:30 p.m., while PW1, who is a member of a Scheduled Caste/Scheduled Tribe community, was waiting for her husband in front of the house of one Viswambharan, the accused, belonging to a non-Scheduled Caste/Scheduled Tribe (non-SC/ST) community, dragged her to a rocky place at Arthootippara in Kuttikkole Village and committed rape on her, knowingly that she was a member of the Scheduled Caste/Scheduled Tribe community. Furthermore, after committing the offence, the accused threatened to cause her death if she disclosed the incident to anybody.

(3.) When this appeal came up for admission, upon perusal of the impugned judgment, we entertained a doubt as to whether the appeal requires admission or is liable to be summarily dismissed. Accordingly, we heard Smt. Sherly Mol Thomas, learned counsel for the appellant, and Smt. Sheeba Thomas, learned Public Prosecutor, appearing for the 2nd respondent and perused the impugned judgment and the appeal memorandum.