SANTHOSH ALIAS MALAYATTOOR SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was prosecuted for the offences punishable under Sections 449,332, 333 and 302 IPC. He was found guilty for the offences punishable under Sections 302, 332 and 333 but was acquitted for the offence punishable under Section 449. He was sentenced to suffer imprisonment for life for the offence punishable under Section 302 and rigorous imprisonment for one year for the offence punishable under Section 332. No separate sentence was awarded for the offence punishable under Section 333. It was also ordered that he will be entitled to set off in case of commutation of sentence, as per law. THE prosecution case, in brief, is as follows:

(2.) ON 04.12.2003 in the .night, the accused met PW1 Santha, who was a lady of easy virtue and took her along with him to the terrace of a two storeyed building. He removed his clothes and placed himself on . the top of the lady.

(3.) THE learned Judicial First Class Magistrate-II, Ernakulam took cognizance of the offence. On appearance of the accused before the said Court, all legal formalities were complied with. Finding that the offences were exclusively triable by a Court of Sessions, the learned Magistrate committed the case for trial to the Sessions Court, Ernakulam as per Section 209 Cr.P.C. THE Sessions Court, on appearance of the accused and after hearing both sides, framed charges for the offences punishable under Sections 449, 332, 333 and 302 IPC. To the charges, the accused pleaded not guilty and claimed to be tried. THE prosecution, therefore, examined PW1 to PW12 and marked Exts.Pl to P13. Material Objects 1 to 8 were also identified and marked. On being questioned under Section 313 Cr.P.C, the accused denied all the incriminating circumstances brought in evidence against him and maintained that he is innocent. Presumably finding that the accused could not be acquitted under Section 232 Cr.P.C, he was asked to enter on defence. From the side of the defence Exts.D1 to D5 were marked. On an appreciation of the evidence on record, the court below found that the prosecution has succeeded in establishing the case against the accused for the offences punishable under Section 302, 332 and 333 IPC. THE conviction and sentence as already mentioned followed. THEy are assailed in this appeal.