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2013 Supreme(Ker) 997

P.BHAVADASAN
State of Kerala – Appellant
Versus
Deepak Deepu – Respondent


JUDGMENT

P. Bhavadasan, J.

1. This appeal by the State challenges the acquittal of the accused for the offences punishable under Section 511 of Section 376(2) (f) and 506(ii) of Indian Penal Code.

2. P.W.2 is the victim in this case and P.Ws.1 and 3 are her parents. The incident is said to have taken place on 12.4.1997 at about 12'o clock in the noon. On that day, as usual the father of the victim had gone for work. The mother, who runs a petty shop, had gone to purchase articles for the shop. The allegation is that during that period the accused invited the little girl to watch TV in his house and the girl went there. No sooner than she entered into the house, she was made to lie on a cot and she was brutally ravished. The further allegation is that hearing the cry of the child, P.W.3 came from the shop and ascertained the reason and she was told that the child had been sexually assaulted. The victim was taken to the hospital and the doctor there examined her. She was admitted for a day in the hospital and on the next day she was discharged from the hospital. P.W.1 on 14.4.1997 at 8.30 p.m. laid Ext.P1 first information statement before the Kalamassery Police Station. P.W.1, the Sub




























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