O R D E R

The revision petitioner is the second accused in Crime No.369/2000 of Aluva police station, who had been convicted by the Judicial First Class Magistrate-I, Aluva in C.C.No.726/2000, for the commission of offence under Sections 452 , 323, 354 and 427 I.P.C. The above conviction as well as the sentence of simple imprisonment for two years under Section 452 I.P.C, simple imprisonment for three months each under Sections 323 and 427 I.P.C and simple imprisonment for six months under Section 354 I.P.C, were upheld by the Additional Sessions Judge (Adhoc) II, Ernakulam in Crl.A.No.47/2004.

2. The prosecution case is that on 30.04.2000, at about 7.30 p.m, the petitioner along with the first accused in the crime, criminally trespassed into the house of the de facto complainant at Edathala Panchayat and subjected her and her mother to physical assault, in addition to outraging her modesty. It is alleged that the first accused caught hold of the neck and breasts of the de facto complainant and pushed her aside, whereas the petitioner inflicted a blow upon the left knee of the de facto complainant’s mother with an iron rod resulting in injuries. The petitioner and his co-accused ar