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2005 Supreme(Ker) 796

K.A.ABDUL GAFOOR, R.BASANT
Joseph Alias Baby – Appellant
Versus
The Sub Inspector Of Police Munnar – Respondent


JUDGMENT

K. A. Abdul Gafoor, J.

1. Thirty five accused persons were convicted in S.C. No. 187 of 1999. They have filed the above appeals except Crl. A. No. 877 of 2002. Crl. A. No. 877 of 2002 is by the sole convicted accused in S.C. No. 241 of 2001. At the outset we may mention that the facts relating to both the cases emanate out of the same occurrence of alleged kidnapping, wrongful confining, procuration of a minor girl and rape and gang rape of the victim, PW 3, in this case. PW 3 was reported missing from 16.1.1996. Initially the case was registered under the caption 'man missing' based on information furnished by PW 1, the father of the victim on 16.1.1996 itself. For about 40 days, in spite of the investigation conducted by PW 82, the local Asst. Sub Inspector, the whereabouts of the girl could not be found out. The girl later appeared in the office of her father PW 1 on 26.2.1996. Next day she gave a statement to PW 82 revealing information about the commission of cognizable offences including kidnapping, wrongful confinement, procuration of minor girl, rape and gang rape on her. Investigation thereafter proceeded in that line and the investigators came to the conclusion tha












































































































































































































































































































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