RAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 25/1/2024 in S.C.No.644/2017 on the files of the Special Court under the Protection of Children from Sexual Offences Act ('POCSO Act' for short) is under challenge in this appeal filed at the instance of the sole accused.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor. Perused the judgment and records available.

(3.) In this case, the Special Court framed charge against the appellant/accused for the offences punishable under Sec. 5(m) r/w 6 of the POCSO Act and also 376(2)(1) of the Indian Penal Code ('IPC' for short). The prosecution allegation is that during the month of April-May, 2017, ie. School summer vacation, the accused took the minor victim aged 11 years by offering toffy, to the hall of his house bearing No.6/99 at Padinjarekkad and laid her on the cot in the said hall; disrobed her and put his penis into the vagina of the victim and thus committed aggravated sexual assault on the victim.