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2022 Supreme(Ker) 622

K. VINOD CHANDRAN, C. JAYACHANDRAN
Shaju@Shaju, S/o. Viswambharan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RENJITH B.MARAR, LAKSHMI.N.KAIMAL, ARUN POOMULLI
AISWARYA THANKACHAN
For the Respondent: S.AMBIKA DEVI-SPL.GP FOR ATTROCITIES AGAINST WOMEN & CHILDREN, ASSISTED BY SMT. BINDU.O.V AMBIKA DEVI-SPL.GP

JUDGMENT :

Vinod Chandran, J.

The charge in the above case is of the father of a minor girl having repeatedly committed rape on her, at times against the order of nature, threatened the girl with dire consequences if it was revealed. In addition to the offence under Sections 376 & 377 of the IPC, commission of aggravated penetrative sexual assault, under the Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO Act') was also charged. The appellant is the accused, who stood trial in which the prosecution led evidence through 17 witnesses marked 18 documents and produced 5 material objects. The appellant stood convicted under Ss.376, 377 and 506(1) of the IPC and sentenced to undergo imprisonment for life under 376(2)(f)&(i) of IPC which is for the remainder of his natural life and a fine of Rs.1 lakh. Under S.377 IPC the appellant was sentenced to five years of rigorous imprisonment (RI) and a fine of Rs.50000/-. A further RI for six months under S.506 of IPC was also imposed. The appellant was also sentenced to RI for three years and a fine of Rs.25,000/-under S.7 r/w S.8 POCSO Act. Appropriate default sentences were ordered and S. 42 of the POCSO Act was reckoned,

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