KANDAMUTHAN 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.746 of 2016 on the files of the Assistant Sessions Court (Additional), Palakkad. The appellant is the sole accused in the case.

(2.) The victim in the case is a lady aged 35 years suffering from metal retardation. The accused is none other than the father-in-law of one of the brothers of the victim lady. The accusation in the case is that on 23.04.2015, at about 13.00 hours, the accused raped the victim lady and thereby committed the offences punishable under Sections 376(2)(f) and 376(2)(l) of the Indian Penal Code (the IPC).

(3.) On the accused pleading not guilty of the charges framed against him, the prosecution examined 19 witnesses as PW1 to PW19 and proved 13 documents as Exts.P1 to P13. The accused was, thereupon, questioned under Section 313 of the Code of Criminal Procedure (the Code) as regards the incriminating evidence brought out by the prosecution. The accused denied the same and maintained that he is innocent. Since the trial court did not find 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 evidence.