FAISAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sections 354 and 306 of the Indian Penal Code in S.C. No.526/2005 of the Court of Session, Kozhikode. One Saranya aged 19 years was outraged and molested by the appellant herein at about 5.45 p.m. on 17.6.2005 on the public road at Villyappally in the presence of her friends and others. Due to the mental agony and humiliation caused by the said incident, Saranya committed suicide on 19.6.2005 at her residence. Nothing was suspected initially regarding the cause of commission of suicide, but when Saranya 's father came to know of the incident that happened on 17.6.2005, he made a complaint before the police. The police registered a crime and proceeded for investigation. The accused was arrested as part of investigation, and after completing the investigation the police submitted final report in court. On committal, as provided under the law, the case came up before the learned Additional Sessions Judge, for trial.

(2.) The accused pleaded not guilty to the charge framed against him by the trial court under Sections 354 and 306 I.P.C. The prosecution examined 14 witnesses and proved Exts.P1 to P14 documents and also identified MO1 to MO3 material objects. When examined under Sec. 313 Crimial P.C. the accused maintained a stand of total denial. He did not adduce any evidence in defence in spite of opportunities granted Toy the Trial Court.

(3.) On an appreciation of the evidence the trial court found the accused guilty under Sections 354 and 306 I.P.C. On conviction he was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.25,000.00 under Sec. 306 I.P.C., and to undergo another period of simple imprisonment for two years and to pay a fine of Rs.2,000.00 under Sec. 354 of I.P.C., by judgment dated 28.8.2006. Aggrieved by the said judgment of conviction, the accused has come up in appeal.