SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted for offences punishable under Section 450 and Section 376(f) of IPC in SC No.450/2010 of the third Additional Sessions Judge, Thodupuzha, is the appellant herein.

(2.) The allegation of the prosecution is that the accused, who is a 29 year old neighbour of the 7 year old victim girl, on 6/5/2007 at about 4p.m. trespassed into her house, while she was alone in the house and committed rape on her. FIS was laid on 8/5/2007 by her grandmother, with whom she was residing which was recorded by PW -12. The crime was registered and thereupon the accused was arrested. After completion of the investigation, final report was laid before the Magistrate and on committal, it was tried by the Sessions Court. The accused pleaded innocence. On the side of the prosecution, PW1 to PW15 were examined and ExtsP1 to P18 were marked. Mos 1 to 5 were identified. The court below, on an evaluation of the available records, found the accused guilty of both the offences, convicted and sentenced him to undergo RI for ten years with a fine of Rs.10,000/ - and in default payment of fine, to undergo RI for one year for offence punishable under section 450 IPC and RI for ten years with a fine of Rs.10,000/ - with a default sentence for the offence punishable under section 376(f) IPC. It was directed that both the sentences shall run concurrently.

(3.) Aggrieved by the conviction and sentence, the accused has preferred this appeal. Heard and examined the records.