JISHA Vs. RAJENDRA BABU

JUDGEMENT

(1.) The revision petitioner herein is the defacto complainant in C.C.No. 260 of 1998 of the Judicial First Class Magistrate Court-II, Thrissur. She brought a complaint against the first respondent herein alleging outrage of modesty at the age of 13 years at her house. The accused is her next door neighbour, and he is a friend of her father too. Her complaint is that at about 7.00 a.m. on 02.11.1997, the accused came to her house, talked about some nude things, he embraced her with sexual intent, and also pressed on her breast with force. When she cried and escaped, the accused left the house. After a few hours, the girl went to the Police Station, along with the mother, and made complaint. After investigation, the police submitted final report in court under Sections 354 and 509 of the Indian Penal Code.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to him. The prosecution examined seven witnesses, including the victim, and proved Exts.P1 to P4 documents in the trial court. The MO1 and MO2 material objects were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence.