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2012 Supreme(Ker) 134

R.BASANT, K.VINOD CHANDRAN
Salim – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant:Grashious Kuriakose, Advocate.
For the Respondent: Gikku Jacob George, Public Prosecutor.

Judgment

R. BASANT, J.

(i) Have the circumstances relied by the prosecution against the appellant/accused been proved satisfactorily?

(ii) Do the proved circumstances lead to a safe inference of guilt against the appellant?

(iii) Is the appellant entitled to the benefit of any reasonable doubt?

(iv) Does the impugned judgment warrant any interference?

These questions have been raised before us for our consideration in this appeal by the learned senior counsel Advocate Gracious Kuriakose.

2. The appellant has been found guilty, convicted and sentenced under Section 376 (2) (f) and Section 302 of the Indian Penal Code. Separate sentences of imprisonment for life have been imposed under each of those two sections. The appellant also has been sentenced to pay fine of Rs.10,000/-each for the said offences. Default sentences have also been imposed.

3. According to the prosecution, on 26.05.2005, the appellant had enticed the victim, a child aged about 11 = years, to a forest area and had committed rape and murder of the said child at some time between 9.30 a.m and 2.20 p.m.

4. Investigation commenced with registration of Ext.P1 (a) F.I.R on the basis of Ext.P1 F.I statement lodged by












































































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