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C. S. SUDHA
Ajeesh @ Ajeeshkumar S/o. Rajappan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
C.S. SUDHA, J.
In this appeal filed under Section 374(2) Cr.P.C., the appellant, the sole accused, in S.C.No.206 of 2010 on the file of the Court of Session, Kalpetta, Wayanad, challenges the conviction entered and sentence passed against him for the offences punishable under Sections 377 and 506 Part II IPC .
2. The prosecution case is that on 11/10/2008 at about 12:30 p.m. the accused had carnal intercourse against the order of nature with PW1 a minor boy aged 12 years and threatened to do away with his sister if he divulged the incident to others. Hence, as per the final report/charge sheet the accused is alleged to have committed the offences punishable under Sections 377 and 506 Part I IPC .
3. Crime no.174/2008, Thalapuzha police station, that is, Ext.P9 FIR was registered by PW8, the then Additional Sub Inspector of police, based on Ext.P1 FIS of PW1. The investigation was conducted by PW9, the then Additional Sub Inspector of Police, Thalapuzha, who on completion of investigation submitted the final report before the jurisdictional magistrate alleging the commission of the offences punishable under the aforementioned Sections by the accused.
The court determined that the evidence only supported an attempt under Section 511 of Section 377 IPC, leading to a reduction in the sentence and emphasizing the serious nature of sexual offences aga....
In sexual offences against children and women are on increase – Invoking provisions of Probation of Offenders Act, 1958 may send wrong message to society at large.
The court upheld the conviction for sexual offences against a minor, confirming that intimidation can justify delays in lodging an FIR while the evidence for the charges, including threats and action....
The evidence of a rape victim can be the sole basis for conviction if it is consistent and corroborated, emphasizing the importance of reliable testimony in sexual assault cases.
The court affirmed the conviction under the POCSO Act while ruling that the appellant cannot be punished under both the POCSO Act and IPC for the same act, modifying the sentence accordingly.
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
Non-consensual sexual acts against minors and adults, and acts of bestiality continue to be governed by Section 377 of IPC, despite the reading down of the section for consensual sexual acts of adult....
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