JOSEPH @ SANTOCHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 354 IPC in C.C.No.174 of 1999 of the Judicial First Class Magistrate's Court, Nedumkandom.

(2.) He faced prosecution on the allegation that at about 11.00 p.m. on 18.08.1998, he trespassed into the house of the defacto complainant, when her husband was away, he embraced her with sexual intent, and thus outraged her modesty. The police registered the crime on the complaint made by the lady after two days, and submitted final report in Court after investigation.

(3.) 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 six witnesses, and proved Exts.P1 to P4 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and projected a defence that this is a false case foisted against him due to personal enmity. He did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for four months.