RAVEENDRAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The sole accused in S.C. No.747/2018 on the file of the Additional Sessions Court-I (Special Court for the trial of cases on Atrocities Against Women and Children), Kasaragode has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for offences punishable under Sec. 376 AB of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) The prosecution allegation is that the accused who belongs to Nair community committed rape as well as penetrative sexual assault on a minor girl, aged 4 1/2 years, who belongs to Maratti community, a scheduled tribe, by inserting his finger and penis into her vagina on many occasions including on 31/8/2018 and on 7/9/2018 at about 10.00 a.m., and on 9/9/2018 in between 3.00 p.m. and 4.00 p.m., at the quarters of the accused bearing Door No. V/55(E) of Kutikkol Grama Panchayat and thereby, committed offences punishable under Ss. 376, 376AB of the IPC, Ss. 3(a) and 3(b) r/w Sec. 4, Ss. 5(i), 5(l), 5(m) read with Sec. 6 of the POCSO Act and Ss. 3(2)(v), 3(1)(w)(i), 3(2)(va) of the SC/ST (POA) Amendment Act, 2015.

(3.) On completion of the investigation, the final report was submitted before the Additional Sessions Court-I, Kasaragode (Special Court for the trial of cases related to Atrocities against Women and Children). The learned Special Judge took cognizance of the offences and the case was taken on file as S.C. 747/2018 and process was issued to the accused. On appearance of the accused, procedure under Sec. 207 of the Code of Criminal Procedure was complied with.