RAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 377 and 506(ii) IPC in C.C. No.400/2002 of the Judicial First Class Magistrate Court-II, Perambra. He faced prosecution in the court below on the allegation that at about 4 p.m. on 9.6.2002, at a by-lane, the accused subjected a girl aged 10 years to unnatural offence. The said girl and the other children were catching fish nearby, and the prosecution would allege that with the object of subjecting the girl to unnatural sex, he enticed the girl, and took her to the by-lane. Though the other children made protest, the accused threatened them, and under threat, the girl was subjected to unnatural offence at the by-lane. The police registered the crime on the complaint made by the grandfather of the victim, and after investigation, submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under Sections 377 and 506(ii) IPC.

(2.) The prosecution examined nine witnesses, and proved Exts.P1 to P9 documents in the trial court. The MO1 and MO2 materials were also identified during trial. The accused denied the incriminating circumstances, and projected a defence of total denial, when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for six months, and to pay a fine of Rs. 2,000/- under Section 377 IPC, and to undergo another term of simple imprisonment for six months under Section 506(ii) IPC. Aggrieved by the judgment of conviction dated 15.7.2004, the accused approached the Court of Session, Kozhikode with Crl.A. No.486/2004. In appeal, the learned Additional Sessions Judge (Adhoc)-II, Kozhikode confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.