BHASKARA MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a nonagenarian. He was arrayed as the accused in C.C.No.515 of 2014 on the files of the Judicial First Class Magistrate Court-III, Kottayam and was tried for having committed offence punishable under Sections 448 and 354 of the IPC.

(2.) The incident which led to the registration of the crime was on 21.05.2012. It is alleged that the petitioner trespassed into the home of PW3 and with intent to outrage her modesty, touched her body causing her distress and annoyance. Initially, charge was laid under Section 511 of Section 376 of the IPC and the case was committed to the Court of Session. However, after hearing the prosecution and the accused, the case was remitted back to the learned Magistrate under Section 228(1) (a) of the Cr.P.C. and the accused was ordered to be proceeded against under Sections 448 and 354 of the IPC.

(3.) In order to prove the case of prosecution, 9 witnesses were examined as PWs 1 to 9 and Exhibits-P1 to P6 were marked through them. The incriminating materials arising out of the prosecution case were put to the accused under Section 313 of the Cr.P.C. The accused denied the circumstances and filed an additional statement. He asserted that he was 89 years of age, laid up and that he is innocent of all allegations.