JUDGMENT

P. Somarajan, J.

Appeal against the judgment of conviction and orders of sentence for the offence punishable under Sections 376(1) and 506 IPC in Sessions Case No.631/2008 of the Sessions Court, Thiruvananthapuram, dated 19.03.2013.

2. The accused, the step-father of the victim girl, aged 17 years, while she was studying in Plus Two Course in LMS Higher Secondary School, Cheruvarakonam, brought the victim to her house in connection with Sivarathri holidays in the year 2007 and on the night of 16.02.2007 committed rape on her. It was the further case of prosecution that the accused is the second husband of PW2, the mother of the victim, and they were residing in a one room house. The accused used to sleep on the bench on the varandah. PW2 and her daughter used to sleep inside the room on the floor. The incident happened on 16.02.2007, the second day of her arrival from the hostel. While she was sleeping inside the room during night time she felt somebody touching her body. She woke up and realized that it was none else, her step-father, the accused herein. The accused thereon closed her mouth with his hand and threatened that she would be killed and prevented her from making