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2022 Supreme(Ker) 620

K.VINOD CHANDRAN, C.JAYACHANDRAN
Kuttappan @ Babukuttan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.K.JAYAKUMAR(K/85/2000)
For the Respondent: SMT.AMBIKA DEVI S, adv

JUDGMENT :

Jayachandran, J.

“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 sole of the helpless female. [State of Punjab v. Gurmit Singh and Others (1996(2) SCC 284)]

1. Rape is most foul when it is alleged to have been committed by a father on his minor daughter. Unfortunate are the facts involved in the instant appeal, where the allegation is one of rape by the accused/father on his minor daughter on several occasions in the month of December 2012, thus committing the offence under S.376 of the Penal Code, as also, under Ss.5, r/w 6 and 9, r/w 10 of Protection of Children from Sexual Offences Act, 2012.

2. Parading 15 witnesses, the prosecution adduced evidence and got marked Exts.P1 to P12. Except marking Exts.D1 and D2 contradictions, no evidence, whatsoever, was adduced on behalf of the defence. The Sessions Court found that the evidence tendered by PW1, the victim, to be genuine and credible and convicted the accused for all the offences charged, which judgment is under challenge in the instant appeal.

3. Heard Adv.C.K.Jayakumar, learned State Br

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