AJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in C.C.No.1556 of 2017 on the files of Judicial Magistrate of First Class-II, Kochi, has filed this Revision Petition under Ss. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the judgment in Crl.Appeal No.169/2020 on the files of Additional Sessions Court-VII, Ernakulam, whereby the Additional Sessions Court confirmed the conviction and sentence imposed by the Magistrate in the above case.

(2.) Heard the learned counsel for the revision petitioner/1st accused and the learned Public Prosecutor in detail. Perused the verdicts under challenge.

(3.) Prosecution allegation in this case is that at about 9.30 a.m on 2/8/2017 when the defacto complainant was travelling as a pillion rider on a motorcycle driven by her husband through PalluruthiThoppumpadi road and when they reached near Marampally temple at about 9.30 p.m, accused 1 to 3, who were standing on the road, after sharing common intention blocked the motorcycle and wrongfully restrained the movement of the defacto complainant and her husband by standing in front of the motorcycle and then they removed the ignition key of the motorcycle and restrained the further movement of the defacto complainant and her husband. Then the 1st accused slapped on the face of the husband of the defacto complainant and accused 2 and 3 uttered obscene words against the defacto complainant and her husband. The further case of the prosecution is that in continuation of the common intention shared between the accused, the 2nd accused caught hold of the hand of the defacto complainant and when her husband intervened, the 3rd accused kicked him down and the 2nd accused kicked out the defacto complainant and pressed on her breast with lustful intention to outrage her modesty. According to the prosecution, accused 1 to 3 committed offences punishable under Ss. 323, 341, 354 and 294(b) r/w 34 of the Indian Penal Code,1860 ('IPC' for short). Recording the statement of the defacto complainant, crime was registered and final report also was filed alleging commission of the above offences. When the final report was filed before the trial court, the trial court took cognizance of the said offences and on complying the pre-trial formalities, proceeded with trial.