SUGATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Judgment in S.C.No.336/2014 on the files of the Special Court under the Protection of Children from Sexual Offences (POCSO) Act, 2012 (hereinafter referred to as 'POCSO Act' for short) (Additional Sessions Court-I), Kottayam, is under challenge, at the instance of the sole accused in the above case. The State of Kerala, represented by the Public Prosecutor is the respondent.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor in detail. Perused the verdict under challenge and the records placed by the learned Public Prosecutor.

(3.) In this case, the prosecution alleges commission of offences punishable under Sec. 354B of the Indian Penal Code (hereinafter referred to as 'IPC' for short) as well as Ss. 7 and 8 of the POCSO Act r/w Sec. 23 of the Juvenile Justice (Care & Protection of Children) Act, 2000. The prosecution case is that, on 25/5/2014, the daughter of CW1 was playing in the courtyard of their house with her brother. At about 1 pm, when the child went for collecting jack tree leaves, she was taken by the accused in his house and subjected her to sexual molestation. On this premise, the prosecution alleges commission of the above offences by the accused.