MOHAMMED KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Kannur, the appellant who was the sole accused in S. C. 353 of 2005 on the file of the Addl. Sessions court, Fast Track (Ad hoc No. 1) , Thrissur, challenges the conviction entered and the sentence passed against him for an offence punishable under S. 376, IPC.

(2.) The case of the prosecution can be summarised as follows :-On 31-8-2001 at about 2 p. m. inside the thatched hut situated in Kadappuram colony (sea side colony) to the west of azheekode Puthenpalli in Azheekode village within the limits of Kodungallur Police Station 48 year old Muhammed Kunju with the intention of committing rape of 8 year old faseela residing in the neighbouring house, got her into his kitchen under the pretext of asking her to fetch beedies for him and committed forcible sexual intercourse with the girl after removing her underwear. The accused has thereby committed the offence of rape punishable under Sec. 376, IPC.

(3.) On the accused pleading not guilty to the charge framed against him by the Court below for the aforementioned offence, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 7 witnesses as p. Ws. 1 to 7 and got marked 7 documents as Exts. P1 to P7.