PODIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the appellant challenging the verdict passed by the Sessions Judge, Kollam in S.C. No. 86 of 2014 by which he was found guilty under Section 376 (2) (f) and

(2.) The case of the prosecution is that the appellant/accused herein committed rape on his own daughter who was under the age of 16 years at the time of commission of offence from a period of 2010 to 2013 at their temporary shed situated at Charuvila Puthen Veedu, Punnakkad, Podiyattuvila Muri, Arakkal Village and as a result, the victim was impregnated and delivered a girl child.

(3.) Prosecution examined PWs 1 to 11 and marked Exts.P1 to P13. MO1 is identified. During 313 examination, the appellant/accused denied all the incriminating evidence and pleaded that he is innocent. His wife eloped with another man. Thereafter he was not in a proper mental state. He also had undergone treatment for mental illness. He used to return late from work and during that period, his children were in the house of his neighbour Paulose. According to him, he had not done anything to his daughter. No defence evidence was adduced in the case.