THOMAS @ LALU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 452, 354 and 323 of the Indian Penal Code in C.C. No.98 of 1996 of the Judicial First Class Magistrate Court, Changanassery. He faced prosecution in the court below on the allegation that at about 7.00 p.m. on 10.11.1999, he trespassed into the house of one Marykutty, caught hold of her and embraced her with sexual intent, and when she resisted, he assaulted her, and inflicted simple injuries. The police registered the crime on the First Information Statement given by the victim, and after investigation, the police submitted final report in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined eight witnesses, and proved Exts.P1 to P5 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. In defence, he examined a witness as DW1.