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2014 Supreme(Ker) 219

K.T.SANKARAN, M.L.JOSEPH FRANCIS
Dharmarajan – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Appellant:Raju Joseph, Senior Advocate, George Kutty Mathew, Advocate.
For the Respondent:T. Asaf Ali, Director General of Prosecution, Ranjith, Biju Meenattoor, Public Prosecutor, K. Gopalakrishna Kurup, P.K. Ravisankar, Suresh Babu Thomas, C.S. Ajayan, P. Ravindra Babu, K.V. Bhadra Kumari, Anila George, V.K. Sunil, S. Nandagopal, Advocates.

Judgment :

K.T. Sankaran, J.

1. This Criminal Appeal reveals the sad story of a girl who was aged only sixteen years and four months at the relevant time and who was allegedly subjected to sexual abuse, rape and gang rape by more than forty persons at different places in the State of Kerala and in the State of Tamil Nadu. The name of the victim is withheld and she is described as 'the victim girl' in the judgment. The prosecution case in a nutshell is that the appellant (Dharmarajan), accused No.1 (Raju) and accused No.2 (Usha) hatched a criminal conspiracy to kidnap the victim girl from the lawful custody of her guardian and to subject her to sexual abuse and provide her to others for illicit sexual intercourse. In furtherance of the criminal conspiracy, the victim girl was kidnapped from the lawful custody on 16.1.1996, confined her secretly at several places in the State of Kerala and in Tamil Nadu and she was subjected to rape and gang rape by several persons by keeping the victim girl under illegal custody. It was also alleged that the appellant robbed her gold and silver ornaments during the period in which she was kept under illegal custody. The prosecution alleged that the































































































































































































































































































































































































































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