BIJU @ KUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the judgment of conviction and order of sentence under Sections 302 and 511 of 376 of the Indian Penal Code in S.C.No.37 of 2009 of the Additional District & Sessions Court (Ad-Hoc) Fast Track Court III, Pathanamthitta, dated 27.3.2012, the sole accused came up with this appeal.

(2.) The deceased Kali, aged 65, met with a sad death inside a rubber plantation during the odd hours of night of 23.12.2006. Her body was found lying in a pit in a squatting position without any under garments and dresses except brazier and blouse which were found untied. A piece of maroon colour lunki was found tied around her neck. Another piece was found tied on the main stem of a nearby tree. Her body was detected by her son PW1 by about 10.30 a.m. on 24.12.2006. He had given FIS before the police and caused to register Ext.P15 FIR.

(3.) The prosecution case is that the accused with the intention to commit rape on the age old lady who was residing alone in her house approached her under the guise that her son one Madhu who was undergoing sentence escaped from the jail and waiting inside the plantation to see his mother and brought her to the place of occurrence and attempted to commit rape on her and in that attempt, he had inflicted injuries on the victim and strangulated her.