SIVAN @ SIVADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 452 and 354 of the Indian Penal Code in C.C. No. 19 of 2002 of the Judicial First Class Magistrate Court-I, Palakkad. He faced prosecution in the court below on the allegation that at about 9.00 p.m. on 07.01.2002, he trespassed into the house of one Geetha aged 19 years, and outraged her modesty by catching on her hand with sexual intent. The police registered the crime on the complaint made by the victim at 4.30 p.m. on 08.01.2002. After investigation, the police submitted final report in court under Sections 452 and 354 IPC.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined five witnesses, and proved Exts.P1 and P2 documents, including Ext.P1(a) FIR in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.