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2022 Supreme(Ker) 566

KAUSER EDAPPAGATH
X – Appellant
Versus
State of Kerala Represented by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.U.Sujith Kumar, Dinesh G Warrier
For the Respondent: Smt. Ambika Devi S, Spl. Gp Atrocities, Against Women And Children, Smt. Bindu O.V. PP

JUDGMENT :

This appeal has been preferred under Sections 374(2) of the Code of Criminal Procedure by the accused in S.C. No. 726/2014 on the file of the 1st Additional District and Sessions Judge, Kollam (for short, the court below) challenging the judgment of conviction and sentence dated 6th October, 2017.

2. The accused faced trial for the offence punishable under Section 9(n) r/w 10 of the Protection of Children from Sexual Offences Act (for short, POCSO Act).

3. The victim was a minor girl aged 15 years at the time of the incident. The accused is none other than the father of the victim. The prosecution case in short is that during the year 2006 and on 30.05.2014 at about 11 p.m., and also on 02.06.2014 at 2 a.m. in the night, the accused sexually assaulted the victim at their house at Pathanapuram.

4. The crime was registered on the basis of Ext. P1 statement given by the victim to the Sub Inspector of Police, Pathanapuram. After completing the investigation, the final report was filed at the Court below.

5. The accused appeared at the Court below. After hearing both sides, the court below framed charge against the accused for the offences punishable under Section 9(n) r/w 10 of t

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