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2017 Supreme(Ker) 1088

A.M.SHAFFIQUE, P.SOMARAJAN
Royson – Appellant
Versus
State of Kerala, Represented By C. I. of Police – Respondent


Advocates Appeared:
For the Appellant : Bindu Sreekumar
For the Respondent: S. Ambika Devi

JUDGMENT :

P. Somarajan, J.

1. Appeal against the judgment of conviction and order of sentence passed under Sections 376 and 506 (1) IPC against the appellant in Sessions Case No. 219/2011, dated 20.12.2013, of the Additional Sessions Judge, Ernakulam.

2. The allegation is that a minor girl aged 13 years (hereinafter referred to as the prosecutrix) had been subjected to rape, sexual molestation and criminal intimidation by her own father, the accused, within their dwelling house at Kumbalangi Village. She had made a partial revelation before her mother, PW2, that her father pressed on her chest during night time. Subsequently, the entire incident was disclosed by her to her teacher. Her mother was summoned by the teacher and thereon laid Exhibit P1 FIS, based on which registered Exhibit P1(a) FIR, on the allegation of Section 354 and 506(1) IPC. Later on offence under Section 376 IPC was added by deleting the offence under Section 354 IPC. The learned Sessions Judge, on consideration of the evidence adduced by the prosecution through PW1 to PW14, Exhibits P1 to P17 and MOs 1 and 2 and also the evidence adduced by the appellant through DW1 to DW4 and Exhibit D1 and after hearing both t


























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