SAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in SC No. 79/2005 of the Sessions Court, Kollam, who stands convicted for offence punishable under Sec. 376 IPC and Sec. 363 IPC.

(2.) The allegation of the prosecution is that on 4/7/2013, the first accused, with an intention of committing rape of the defacto complainant, a minor victim aged 14 years, abducted her from the lawful custody of the parents. She was taken to Kottayam, where they stayed together and had physical relationship under the guise of undergoing a form of marriage. On the basis of the FIS laid by the mother of the victim, crime was registered and the police started investigation. She was located at Kottayam on 6/7/2003 from where she was taken back to her house and the investigation proceeded. In the course of investigation, it was revealed that the accused 2 to 4 had aided and abetted with the first accused in the commission of offence. The vehicle in which she was abducted was allegedly driven by the 3rd accused. Before the court below, all the accused faced trial. The trial court, on an evaluation of the entire evidence, found that the prosecution did not succeed in proving the case as against the accused 2 to 5 and they were acquitted. However, the court held that the offence under Sec. 376 IPC and Sec. 363 IPC were proved against the first accused. He was accordingly convicted and sentenced.

(3.) This is under challenge in this appeal. Heard both sides and examined the records.