SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the accused in S.C. No. 40 of 1993 of the Court of Session, Alappuzha. He faced trial before the learned Assistant Sessions Judge, Mavelikkara, under Section 376 of the Indian Penal Code on the allegation that at about 11.00 a.m. on 08.02.1992, he trespassed into the house of a mentally retarded girl aged 15 years when her parents were away, and he subjected the said girl to sexual intercourse by force and without her consent. The police registered the crime on the complaint made by the father of the girl. After investigation, the police submitted final report in court.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined 14 witnesses, including the victim, and proved Exts.P1 to P12 documents in the trial court. The MO1 to MO3 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence of total denial. He did not adduce any oral evidence, but Ext.D1 was marked on his side.