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HIGH COURT OF KERALA
C.S. Sudha, J
KOYA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act for aggravated sexual assault. (Para 1 , 2 , 3 , 4 , 6) |
| 2. minor discrepancies do not undermine core prosecution case. (Para 12 , 13 , 14 , 15) |
| 3. intent established through actions; guilty of section 354 ipc. (Para 16 , 17 , 18) |
JUDGMENT
In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the accused in SC.No.474 of 2014 on the file of the Court of Session, Ernakulam, challenges the conviction entered and sentence passed against him for the offence punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 ( PoCSO Act).
2. The prosecution case is that the accused with the intention of sexually assaulting PW1 aged 7 years, daughter of PW2, on 30/04/2013 at 12:45 p.m., took the child inside his house, closed the door and sexually assaulted the child. As per the final report/charge sheet, the accused is alleged to have committed aggravated sexual assault as contemplated under Section 9 (m) punishable under Section 10 of the PoCSO Act.
3. Crime no.1112/2013 of Palluruthy, Cusba, Kochi police station, that is, Ext.P5 FIR was registered by PW10, the Sub Inspector of Police of the said station ba
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