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2013 Supreme(Ker) 252

T.R.RAMACHANDRAN NAIR, A.V.RAMAKRISHNA PILLAI
Babu – Appellant
Versus
State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Appellant:P.V. Kunhikrishnan, Hanson P. Mathew, Advocates.
For the Respondent: Mrs. Praisy Joseph, Public Prosecutor.

Judgment

Ramachandran Nair, J.

1. The accused in S.C. No.195/2008 on the file of the Special Court for trial of cases under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (for short SC/ST (PA) Act'), is the appellant herein. The offences alleged are under Sections 376 and 417 I.P.C. and Sections 3(1)(xi) and (xii) and 3(2) of the SC/ST (PA) Act.

2. The Court below found the accused guilty under Sections 376 and 417 I.P.C. and Section 3(2)(v) of SC/ST (PA) Act and it was found that he is not guilty under Sections 3 (1)(xi) and (xii) of the same Act. The sentences awarded are the following: To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/-and in default of payment of fine, to undergo simple imprisonment for a further period of three months for the offence punishable under Section 417 I.P.C., rigorous imprisonment for a period of ten years and to pay a fine of Rs.25,000/-and in default of payment of fine, to undergo simple imprisonment for a further period of two years for the offence under Section 376 I.P.C., and to undergo rigorous imprisonment for life and to pay a fine of Rs.25,000/- and in default of payment of fine, to und


























































































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