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2024 Supreme(Ker) 698

P. B. SURESH KUMAR, M. B. SNEHALATHA
Aneesh – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Lijoy P.Varghese
For the Respondent: Smt.Bindu O.V.-Spl.Public Prosecutor, Lijoy P.Varghese, Adv., Smt.Ambika Devi S, Spl.G.P. (Atrocities Against Women And Children And Welfare Of W And C)(Gp-38)

JUDGMENT :

M.B.Snehalatha, J

This appeal under Section 374(2) of Cr.P.C by the accused in S.C.No.377/2013 of Sessions Court, Alappuzha has been filed through the Superintendent of Central Prison, Thiruvananthapuram under Section 383 of Cr.P.C challenging the conviction entered and sentence passed against him for the offences punishable under Sections 366 and 376(1) of Indian Penal Code (for short 'IPC'), Sections 3(1)(xi) and 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'JJ Act').

2. In short, the prosecution case is as follows:

On 15.10.2012, the accused enticed the victim minor girl, who belongs to Scheduled Caste out of the keeping her lawful guardian with the intention to seduce her into illicit intercourse and thereafter on 16.10.2012 the accused committed rape on her at the rented house of his friend at Parassinikkadavu and thereby committed the offences punishable under Sections 366 and 376 (1) IPC, Sections 3(1)(xi) and 3(2)(v) of the SC/ST (POA) Act and Section 23 of the JJ Act.

3. During the period of the alleged inc

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