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2017 Supreme(Ker) 297

P.UBAID
SHAMSUDHEEN – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. C.P. PEETHAMBARAN
FOR THE RESPONDENTS: SRI. ALEX M. THOMBRA

JUDGMENT :

The appellant herein challenges the conviction and sentence against him under Sections 450, 354 and 307 of the Indian Penal Code in S.C No.371/2007 of the Court of Session, Thalassery. The incident of house trespass, molestation and assault alleged in this case happened at about 9.30 am., on 7.4.2006 at the residence of the victim, who was aged only 12 years at that time. The appellant is a person of the locality, known well to the victim and her parents.

2. The prosecution case is that at about 9.30 am., on 7.4.2006 the appellant came at the house of the victim when she was alone there, under some pretext he entered the house, and when the victim switched off the television for going outside, the appellant caught her, dragged her to the kitchen space, pressed her mouth, made an attempt to commit rape on her, and when she resisted effectively, the appellant took a dagger from the kitchen and inflicted injuries on the victim severely in an attempt on her life, for the fear that she would reveal the attempts made by him to others. With severe bleeding injuries on the body and head, the victim came out after the accused left the house, and fell at the courtyard of the adjacen
















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