(1.) In Sessions Case No. 4 of 1987, the Assistant Sessions Judge, Tieur acquitted the respondent of offences punishable under Sections 363 and 376 of the Indian Penal Code with which he was charged by the Sub-Inspector of Police Kalpakancberry. Aggrieved by the acquittal, the State has come up in appeal.
(2.) PW 2, Sulekha, is the minor aged 15 alleged to be the victim. PW I, Kathiakutty, is her mother. The allegation is that at about 12.50 PM on 17.10.1986, she was kidnapped by the respondent from the lawful guardianship of her parents. She was taken by the respondent to the various places, including the residence of his brother at Perintalmanna, and had sexual intercourse also with her.
(3.) PW5 1 and 2 are in affluent circumstances. A new building was under construction at Ponmondu itself (where PW5 1 and 2 reside) for Koyakutty, brother of PW 2. Respondent was one of the employees engaged for the construction of the building under the contractor examined as PW 10. While so, intimacy developed between PW 2 and the respondent. They eloped on the 17th of October 1986. On the 19th morning at 4.00 a.m. PW5 7 and 9, who were deputed to trace them out, while going in a jeep found the respondent and PW 2 going together. They were taken in that jeep itself and the matter was reported to the Pandikkad Police Station.