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2019 Supreme(Ker) 27

A.M.SHAFFIQUE, SHIRCY V.
Podimon – Appellant
Versus
State of Kerala, Rep. by DGP High Court of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sony Vincent.
For the Respondent: Smt. Ambika Devi S.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. This appeal is preferred by the appellant challenging the verdict passed by the Sessions Judge, Kollam in S.C. No. 86 of 2014 by which he was found guilty under Section 376 (2) (f) and (i) of the Indian Penal Code, 1860 (for short IPC) and was sentenced to undergo imprisonment for life which shall mean imprisonment for the remainder of his natural life and to pay a fine of Rs. 25,000/- (Rupees Twenty Five Thousand only) in default of which to undergo rigorous imprisonment for two years. He was also found guilty under Section 6 of the Protection of Children from the Sexual Offences Act, 2012 (for brevity POCSO Act) but, the offence under S.376(2)(f) and (i) being of greater degree, no separate sentence is awarded for the same as per Section 42 of POCSO Act. It is also directed that the appellant/accused is not entitled to the benefit of set off under Section 428 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.).

2. The case of the prosecution is that the appellant/accused herein committed rape on his own daughter who was under the age of 16 years at the time of commission of offence from a period of 2010 to 2013 at their temporary shed situate







































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