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2021 Supreme(Ker) 1128

R.NARAYANA PISHARADI
Syam Sivan @ Anandhu, S/o. Sivan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : George Renoy, State Brief
For the Respondent: Smt. Ambika Devi S, adv

JUDGMENT :

The appellant is the sole accused in the case S.C.No.253/2014 on the file of the Additional Sessions Court-I, Pathanamthitta.

2. The appellant/accused challenges the judgment of the trial court in the above case, convicting and sentencing him for the offences punishable under Sections 366A and 376 of the Indian Penal Code and under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act').

3. The prosecution case, in short, is as follows: The victim girl, who was aged 17 years, was in love with the accused. He was a person working as cleaner in a bus in which she used to travel frequently. On 20.09.2013, the accused induced her to go with him to Mysore on the promise that he would marry her. He took her to Mysore. They resided together in Bharat Lodge at the place Mandiwala in Mysore on 21.09.2013 and 27.09.2013. During the interval, they had gone to Goa and returned to Mysore. At the room in the Lodge, the accused committed forcible sexual intercourse with the victim girl. On the morning of 28.09.2013, they came back and reached their native places.

4. On 21.09.2013, at 11.00 hours, the father of the victim girl w

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