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1987 Supreme(Ker) 357

K.T.THOMAS
JUSTUS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. A Magistrate and a Public Prosecutor were involved in a sexual offence. When the story was first reported, it sounded like a charade. The characters involved are a Judicial Magistrate of Second Class, an Asst. Public Prosecutor ('A.P.P.' for short) and a young woman by name Santha. The gravamen of the allegation is that the Magistrate and the Public Prosecutor in concert with each other outraged the modesty of that young lady inside the office room of the A.P.P. at Kattakada. The incident was five days prior to the Christmas Day in 1983. Next day, members of the local bar boycotted the court. On the case being registered by the police the Government deputed a senior police officer of the rank of a Dy. S.P. to investigate the case as the indicted personages held offices of great trust and honour. The case was charge sheeted, after investigation, and the trial was held before the Court of Chief Judicial Magistrate. Both the accused were convicted for the offence under S.354 of the Indian Penal Code. (A.P.P. was convicted for the said offence with the aid of S.34 of the IPC) Neither the trial court nor the appellate court was persuaded to show leniency in the matter of











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