JUDGMENT :

Vinod Chandran, J.

'Gamekeeper turns poacher' is how the Hon'ble Supreme Court described instances of rape on children by their own guardians (State of Himachal Pradesh v. Asha Ram, (2005) 13 SCC 766). In the instant case, the victim is a young girl and the accused is her father, a clear case of 'Protector turning predator' as submitted by the learned Prosecutor.

2. The trial court convicted the accused based on the evidence led before it by way of fifteen exhibits and eleven witnesses. The defence marked one exhibit as a contradiction from the statement of PW4. Separate sentences for imprisonment for life under Sections 376 and 377 IPC and a fine amount of Rs.25,000/-each, with default sentence was imposed on the accused. The sentence was also ordered to be run concurrently. We heard the learned Counsel Lavaraj M.G. for the appellant and Smt. Ambika Devi, Special Government Pleader (Atrocities against women and children) appearing for the State.

3. The learned Counsel for the appellant submits that the victim does not have a consistent case and this reveals the falsity of the allegations. It is pointed out that the mother and brother of the victim turned hostile. There is g