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K.VINOD CHANDRAN, M.R.ANITHA
Rajan K. C. , C. No. 874/15, Central Prison, Kannur – Appellant
Versus
State Of Kerala – Respondent
Key Points: - The accused was convicted under IPC S.376(2)(h),(i),(m) and S.506(2) and under POCSO Act S.5(j)(ii),(l),(q) r/w S.6; sentence upheld with modifications as discussed (including life imprisonment for certain counts) (!) (!) (!) (!) (!) - Ext.P2 (birth certificate photocopy) was examined; Ext.P6 (school admission extract) used to determine age; court held Ext.P6 supporting minor status and that Ext.P2 photocopy is not valid primary/secondary evidence under S.76-S.65; however, Ext.P6 along with oral testimony suffices to establish age below 16 (!) (!) (!) - The court found non-compliance with S.313 (examination of the accused on incriminating material) to be negligence but not necessarily prejudicial in this case; upheld conviction; discussed requirement to demonstrate prejudice for reversal (!) (!)
JUDGMENT :
Vinod Chandran, J.
A permanently scarred teen aged-mother and an infant forced into adoption are the net result of the crime, which is the subject matter of the above appeal against conviction and sentence of its perpetrator. The victim and her orphaned child are destined to live with this pall of shame, on this miserable world where lecherous adults prey on innocent children.
2. The accused-appellant was tried and convicted for offences punishable under S.376(2)(h),(i)and(m) and S.506(2) of IPC and S.5(j)(ii),(l),(q) r/w S.6 of the Protection of Children from Sexual Offences Act, 2012. He has been awarded the maximum sentence of imprisonment of life which extends to the reminder of his natural life under the offences alleged under S.376 and an imprisonment of five years under S.506(2) and a fine of Rs.1 lakh, with a default sentence. By virtue of S. 42 of POCSO Act no separate sentence is awarded under the offences on which he has been convicted under that Act.
3. The allegation against the appellant found against him by the Sessions Court was that he subjected a minor girl of 14 years to repeated rape by reason of which she became pregnant; with which knowledge he continue
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