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2020 Supreme(Ker) 1039

P.B.SURESH KUMAR
Sasi – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Paul Jacob, Suzanne Kurian, Amal Amir Ali, Rony Jose, George A. Cherian and Leo Lukose, Advs.
For the Respondents: Ambika Devi S., Spl. GP and Ramesh Chand, PP

JUDGMENT :

P.B. Suresh Kumar, J.

1. This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C. No. 557 of 2014 on the files of the Special Court for trial of offences punishable under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act), Thodupuzha.

2. The appellant is the sole accused in the case. The victim in the case is a girl aged 13 yeas. The accusation in the case is that on 03.02.2013, at about 9.30 pm, the accused who is the partner of the younger sister of the mother of the victim girl, has trespassed into the house of the grandmother of the victim girl where the victim girl was residing at the relevant time, committed rape and penetrative sexual assault on her and thereby committed the offences punishable under Sections 450 and 376 of the Indian Penal Code (the IPC) and Section 6 of the POCSO Act. It is also the accusation in the case that later, on 04.02.2013, at about 9 am, the accused dragged the victim girl to the portion of the very same house where he was residing and committed rape and penetrative sexual assault on the victim girl again. The offences alleged were, therefore, the offences punishable und

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