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1992 Supreme(Ker) 332

SREEDHARAN, MANOHARAN
Mohanan Kani – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Sreedharan, J.

Appellant in Criminal Appeal 250/1992 was charged with offences under Ss.376, 392 and 302 of the Indian Penal Code. Learned Sessions Judge convicted him for all the said offences. For the offence under S.302 of the Penal Code, accused was sentenced to death, subject to confirmation by the High Court. Accused was also sentenced to undergo rigorous imprisonment for seven years for the offence under S.376 and for five years under S.392 of the Code. Accused challenges the conviction and sentences passed against him by filing Criminal Appeal 250 of 1992. Proceedings submitted by the Sessions Court for confirmation of the sentence of death was numbered as R.T.I of 1992. We heared counsel representing the accused and the learned Additional Director General of Prosecution in detail.

2. Prosecution case, in a nutshell, is to the following effect.--Bindu, aged 17 years, daughter of PW-2, was studying for the 1st year of the Pre-Degree course in Universal Tutorial College, Palode. As usual, she went to the tutorial college at about 8.30 A.M. on 4-4-1991. Usually Bindu was to reach home by about 4.00 P.M. On 4-4-1991, she did not reach home at the usual time. PW-4, whi











































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