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2013 Supreme(Ker) 913

P.BHAVADASAN
Manojan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : M.R. Jayalatha, State Brief
For the Respondent: Roy Thomas, (Public Prosecutor)

JUDGMENT :

P. Bhavadasan, J.

1. The accused in this case was prosecuted for the offence punishable u/s 376 of IPC initially along with another accused also who during the pendency of the proceedings before this Court died. Therefore, the first accused alone stood trial. He was found guilty of the offence u/s 376 and he was sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 25,000/- in default of payment of which he had to suffer rigorous imprisonment for a further period of six months. PW 1 is the victim in this case and PW 2 is her mother. According to the prosecution allegation, while the victim was studying in the 6th standard, on a Friday, the first accused is alleged to have caught hold of her and ravished her. It is further alleged that this sexual assault was repeated on several subsequent occasions taking the victim to various places. The victim would also say that when she was studying in the 7th standard, on a particular day she and her friend Mufeedha while returning from school had gone to the house of one Ahammed, to take water. Mufeedha left the house after taking water and the victim remained there. The allegation is that th





















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