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S.VIMALA, S.RAMATHILAGAM
Dashwanth – Appellant
Versus
State rep. by the Inspector of Police – Respondent


Advocates:
Counsel for the Parties:
For the Appellant in CA 234/2018:Mr. P.V. Selvarajan, Advocate
For the Appellant in RT 1/2018 Mr. C. Emalias, Public Prosecutor Assisted by Mr. Md. Riyas, APP and Ms. Prabhavathi, APP
For the Respondent in CA 234/2018: Mr. C. Emalias, Public Prosecutor Assisted by Mr. Md. Riyas, APP and Ms. Prabhavathi, APP
For the Respondent in RT 1/2018:Mr. P.V. Selvarajan, Advocate
For the Intervenor:Mr. V. Kannadasan, Advocate

JUDGMENT (COMMON)

Dr. S. Vimala, J.—

Not all scars show

Not all wounds heal

Not all illness can be seen

Not all pain is obvious

Remember this before passing Judgment on another, so said David Avocado Wolfe. This quote applies not only while judging the accused, but also while judging the plight of the victim, if we take into account, the innocence ignorance and inexpressiveness of child. That is why it is said though silent and listen are words spelled with the same letters, but for listening the silent cry of the child, justice would be an impossibility. This is all the more true in the case of child sexual abuse, which itself is a silent crime.

2. Gruesome, brutal and inhumane murder of the child, whose ambitions have been aborted and life aflamed, for which the accused has been made responsible by the trial court by imposing death penalty. The justifiability or otherwise of the death penalty has to be tested by this Court as per the mandate of Section 366 of the Code of Criminal Procedure.

3. Criminal Appeal No.234 of 2018 is filed by the accused/appellant in S.C. No.133 of

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