The main legal point established is the reliance on consistent and convincing evidence, including medical reports and witness testimonies, to establish guilt in a case of house trespass, molestation, and attempt to kill.

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 adjacent house. On hearing her scream and noise of fall, the immediate neighbour Shiny came out and saw the girl lying at her courtyard with profusely bleeding injuries all over her body. Immediately, with the help of her husband and others, Shiny took the girl to the nearest hospital, from where she was referred to the Pariyaram Medical College where she underwent effective treatment including operation. The crime was initially registered under Section 307 IPC on the basis of the first information statement given by the neighbour Shiny, against an unknown person, because the identity and details of the assailant was not available at that time, as the victim fell unconscious due to the injuries, and remained unconscious for about three days. After three days, while undergoing treatment at the Intensive Care Unit, the victim revealed the name and details of the assailant. In such a circumstance, when the police identified the victim, the appellant herein was arraigned as accused and the police accordingly submitted report in court. On the basis of the revelations made by her at the hospital, the police incorporated Section 450 IPC and also Section 376 r/w 511 IPC, and proceeded for investigation as a case of attempted rape and attempt on life. After investigation, the police submitted final report under Sections 450, 307 and 376 r/w 511 IPC before the Judicial First Class Magistrate Court, Mattannoor. After complying with the procedural formalities the learned Magistrate committed the case to the Court of Session, Thalassery.

3. The accused (appellant) appeared before the learned Sessions Judge and pleaded not guilty to the charge framed against him under Sections 450, 307 and 376 r/w 511 IPC. The prosecution examined 16 witnesses including the victim and also proved Exts.P1 to P24 documents. The Ext.X1 case sheet was also proved at the instance of the prosecution. The material objects involved in the case were identified during trial as MO1 to MO9, including the weapon used by the accused, the blood stained dress materials of the victim which she had worn at the time of the incident, and also the dress materials of the accused. When examined under Section 313 Cr.P.C the accused denied the incriminating circumstances and projected a defence of total denial. He did not adduce any evidence in defence. However, Exts.D1 to D3 contradictions in the statements of witnesses were proved during trial. On an appreciation of the evidence, the learned trial judge found the accused guilty under Sections 450, 354 and 307 IPC. Though the prosecution alleged attempted rape, the learned trial judge found only a case of outrage of modesty. On conviction, the accused was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- under Section 45