MARUTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment of the Sessions Court, Kasaragod by which the appellant has been convicted of the offence under S.4 of the Protection of Children from Sexual Offences Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.2,000/- and in default of the payment of the fine to undergo rigorous imprisonment for two years more. The accusation was that on 17.04.2013 at about 1.35 in the afternoon he committed penetrative sexual assault on his niece aged about 472 years.

(2.) Heard the learned counsel for the appellant (State Brief) and the learned Public Prosecutor.

(3.) Pw1 is the mother of the victim. PW1 has two children then aged 4-1/2 years (the victim) and 10 months. The appellant is the husband of her sister. The two sisters, their children and the appellant were residing in the same house.