ABDUL BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C.No.591 of 2014 on the files of the Ist Additional Sessions Judge, Palakkad.

(2.) The appellant is the sole accused in the case. The accusation against the accused is that on the night of 27.07.2014, he had committed rape and penetrative sexual assault on the victim girl aged 15 years who is none other than his daughter, after making her unconscious by giving to her a drink mixed with sleeping pills, and thereby committed the offences punishable under Section 376(2)(f) of the Indian Penal Code (IPC) and under Section 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act (Act).

(3.) On the accused pleading not guilty of the charges framed against him, the prosecution examined 13 witnesses on its side as PWs.1 to 13 and proved 19 documents as Exts.P1 to P19. The prosecution had also got MO1 to MO5 material objects identified through the witnesses. Exts.D1 and D2 are the documents proved by the accused. The accused was thereupon questioned by the Court under Section 313 of the Code of Criminal Procedure (Code) as regards the incriminating evidence brought out by the prosecution against him. The accused denied the same and maintained that he is innocent. Since the Court did not consider the case to be one fit for acquittal under Section 232 of the Code, the accused was called upon to enter on his defence. The accused did not adduce any further evidence.