RAJEEV S/O RAVEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sections 341, 324 and 354 of the Indian Penal Code in S.C.No. 47 of 2009 of the Court of Session, Kollam.

(2.) The prosecution case is that at about 10.30 a.m. on 15.5.2007, on the public road at Mavintheri near Kadasseri, the accused assaulted the victim, outraged her modesty, and even made an attempt to rape her while she was on her way home from her sister's house. The allegation is that while she was walking along the road, the accused came from behind on a motor cycle, and made such atrocious assault. On the complaint given by the victim, the Police initially registered the crime under Sections 341, 324 and 354 of IPC. During investigation, the victim gave a statement revealing some attempt for rape also on the part of the accused. In such a circumstance, the Police deleted Section 354 of IPC, and added Section 376 read with Section 511 of IPC, and investigation proceeded as a case of attempted rape. After investigation, the Police submitted final report before the Judicial First Class Magistrate Court-III, Punalur under Sections 341, 324 and 376 read with Section 511 of IPC.

(3.) After complying with the procedure prescribed under the law, the learned Magistrate committed the case to the Court of Session from where it was made over to the learned Additional Sessions Judge (Adhoc-II), Kollam, for trial and disposal.