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2021 Supreme(Ker) 1037

K.VINOD CHANDRAN, C.JAYACHANDRAN
Mallan @ Rajan Kani, S/o. William Kani – Appellant
Versus
State of Kerala, Rep. by Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Appellant : Sri. G. Ranju Mohan, Smt. M. Santhi.
For the Respondent: Smt. S. Ambikadevi, Special GP For Atrocities against Woman and Child.

JUDGMENT :

Jayachandran, J.

All crimes evince depravity, the most contemptible being the father committing rape on daughter - the protectee perishing in the jaws of the protector himself. “Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female.” [State of Punjab v. Gurmit Singh - (1996) 2 SCC 384].

2. We, in this appeal, are concerned with the allegation of a stepfather committing rape on stepdaughter.

3. The accused in SC No.14/2014 of the Additional Sessions Court No.1 (Special Court for trial of offences against Children), Thiruvananthapuram is the appellant herein. He faced indictment for offence under Section 376 of the Indian Penal Code. Vide the impugned judgment dated 11.3.2016, he was found guilty and sentenced to undergo life imprisonment along with a fine of Rs.2 lakhs, with a default clause to undergo rigorous imprisonment for two more years.

4. The prosecution case is as follows:

The victim girl/PW3 was residing along with her step father (accused), mother and her sister. The accused used to behave indecently and caresse

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