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2021 Supreme(Ker) 894

K.VINOD CHANDRAN, C.JAYACHANDRAN
K. Raghavan – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.N.Sajitha(K/485/2005), Adv.
For the Respondent: Smt.Ambika Devi S, Adv., Spl.Gp Atrocities Against Women & Children & Welfare of W & C

JUDGMENT :

Vinod Chandran, J.

Forensic and semantics apart, child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused, more so if the accused is a parent; even if he is eventually acquitted. Here we have the case of a child raising such accusation against her father with the active support of the stepmother; sheer instigation by the latter, pleads the accused.

2. The case was scheduled for hearing earlier and on consecutive days there was no appearance. We hence had to direct the State Legal Services Authority to contact the accused to ascertain whether he required legal assistance. The appellant, who was contacted in the prison, gave us the details of the lawyer he engaged. Later Smt.Sajitha R.N. appeared on behalf of the accused and informed us that a more experienced lawyer whom she entrusted the case with, is now unable to appear. Considering the nature of the offence, we thought it fit that an amicus curiae be appointed and we requested Smt.Sai Pooja, who regularly appears before us, to assist the Court. Smt.S.Ambikadevi, Special Government Pleader (Atrocities against Women and Children) appeared for the State.

3. Adv. Sai P

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