JUDGMENT

Aggrieved by the conviction and sentence imposed upon the accused in S.C. No.562 of 2012 on the files of the Additional Sessions Court (For the trial of cases relating to Atrocities & Sexual Violence against Women and Children), Ernakulam, the accused has preferred this appeal, challenging the said conviction.

2. The appellant was the accused in Crime No.495 of 2010 of Varapuzha Police Station, which was tried as S.C. No.562 of 2012 before the Additional Sessions Court, Ernakulam. He has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000/- for the offence under section 376(1) IPC , rigorous imprisonment for 5 years and to pay a fine of Rs.20,000/- for the offence under section 366 , apart from rigorous imprisonment for 1 year for the offence under section 506(ii) . Compensation to the victim under the victim compensation scheme was also directed to be paid by the trial court.

3. The prosecution alleged that the accused with an intention to kidnap and rape a minor girl, had, on 05.09.2010 at 3 pm, kidnapped the victim, while she was on her way home after buying lemon from a shop, and raped her after dragging her to a nearby fall