SURESH, S/O KRISHNAN, C. NO. 3211, CENTRAL PRISON, KANNUR Vs. STATE OF KERALA, INSPECTOR OF POLICE, SUTHANBATHERY POLICE STATION(CR. NO. 933/2013)

JUDGEMENT

(1.) The sole accused, who stands convicted for offence punishable under Sec. 376(2)(i) Penal Code in SC No. 102/2014 of the Court of Sessions Judge, Kalpetta, is the appellant herein.

(2.) The allegation of the prosecution is that on 29/8/2013 at about 8.30 p.m. the accused, a man of 22 years, had committed rape of a 16 year old girl at a building No. XI/2014 of Noolpuzha Panchayath. It was alleged that consequently she became pregnant and on the basis of a complaint lodged by her, FIS was recorded and crime registered. After investigation, final report was laid for offences punishable under Sec. 376(2)(i) of Penal Code and Sec. 5(j)(ii) of the Protection of Children from Sexual Offences Act,2012.

(3.) The accused pleaded innocence and claimed trial. On the side of the prosecution, the victim was examined as PW1 and sought corroboration from PWs 2 to 9 and documents marked as Exs.P1 to P8. On an evaluation of the entire evidence, the Court below found that the accused was not guilty under Sec. 5(j)(ii) of Protection of Children from Sexual Offences Act,2012 and acquitted him of that offence. However, he was found guilty for offence punishable under Sec. 376 (2)(i) of IPC. He was sentenced to undergo RI for ten years and to pay a fine of Rs. 10,000.00 and in default, to undergo RI for three months. He is undergoing sentence and the appeal is preferred from the jail.