VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 354 I.P.C in S.C 55/1998 of the Court of Session, Kottayam. He faced prosecution before the learned Assistant Sessions Judge, Kottayam, on the allegation that at about 8.30 a.m on 13.9.1996, at his Barber shop, he outraged the modesty of a small girl aged 8 years who had come to cut her hair and he also made an attempt to commit rape on her.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him under Section 376 read with Section 511 I.P.C. The prosecution examined 11 witnesses including the victim of offence and proved Exts.P1 to P10 documents. The MO1 property was also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C , 1973and projected a defence that this is a false case foisted against him due to the enmity by the victim's father. He also examined a witness on his side as DW1.

(3.) On an appreciation of the evidence, the trial court found the accused guilty only under Section 354 I.P.C and found that this is a not a case of attempted rape. On conviction, he was sentenced to undergo rigorous imprisonment for six months under Section 354 I.P.C.