ASHIN CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment dtd. 7/11/2024 in S.C.No.09 of 2020 on the files of the Special Court under the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act'), Thodupuzha, is under challenge in this appeal at the instance of the appellant, who is the sole accused therein. Initially, Adv. Thomas J. Anakkallunkal filed vakalath for the appellant/accused and later he had relinquished his engagement. Thereafter, Adv. K.S. Arun Das filed vakalath for the appellant/accused. Last time, in the absence of the learned counsel for the appellant Adv.Benson Ambrose was appointed as State Brief to argue the matter. Today, the learned counsel who filed fresh vakalath for the appellant/accused appeared and argued the matter in detail.

(2.) Heard the learned Public Prosecutor and also heard the additional points rendered by Adv.Benson Ambrose, who also studied the case. Perused the verdict impugned and the records of the special court.

(3.) Here, the prosecution alleges the commission of offences punishable under Ss. 450, 506(i), 376 of the Indian Penal Code (for short 'IPC') and under Sec. 3(a)(b) r/w Sec. 4, Sec. 7 r/w Sec. 8, Sec. 11 r/w Sec. 12 of the POCSO Act, by the appellant/accused. The prosecution allegation is that at about 10.15 p.m. on 27/4/2019, the appellant/accused had trespassed upon the residence of the victim who was a juvenile, forcefully closed her mouth with his hands, and dragged her to the bed room on the north-western side of the house, locked the door and when she attempted to make noise, the appellant/accused threatened and intimidated her. Thereafter, the accused committed rape and penetrative sexual assault on her.