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2013 Supreme(Ker) 120

T.R.RAMACHANDRAN NAIR, A.V.RAMAKRISHNA PILLAI
Stephen Joseph – Appellant
Versus
State of Kerala rep by the Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant:Renjith B. Marar, L. Rajesh Narayan, Mrs. Lakshmi N. Kaimal, Mrs. P.A. Priya, C.V. Manuvilsan, Advocates.
For the Respondent: Padmarajan, Public Prosecutor.

Judgment :-

Ramakrishna Pillai, J.

1. The appellants were charged with and tried for offences punishable under Sections 376 (2)(b) and (c) r/w. Section 34 IPC and also under Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Briefly put, the case divulged by the prosecution through the witnesses examined before the court below, is as follows:

In the district of Idukki, a Model Residential School was established for imparting free education with free boarding and lodging for the students belonging to Scheduled Castes and Scheduled Tribes. In August, 2001, the school was functioning at Cheruthoni. Later, the school was shifted to Kuyilimala.

The appellant in Crl.A.No.2196 of 2009, who is the first accused (hereinafter referred to as A1) was the Manager-cum-Tutor and the appellant in Crl.A.No.1951 of 2009, who is the second accused (hereinafter referred to as A2), was the Physical Education Teacher of the said school.

A1 and A2 were accommodated in a room, which is close to the girls hostel. The books, stationary and other items required for the daily use of the students were also stored in the said room. A1, as the ma






















































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