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2024 Supreme(Ker) 884

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA
Jijimon & Jiji S/O Thomas – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For he Appellants : S. SREEKUMAR, JUSTINE JACOB, P. MARTIN JOSE, P. PRIJITH, THOMAS P. KURUVILLA.
For the Respondent: SHEEBA THOMAS.

JUDGMENT :

C.S. SUDHA, J.

1. In this appeal filed under Section 374 Cr.P.C. the appellant who is the accused in S.C. No. 27/2012 on the file of the Court of Session, Kottayam, challenges the conviction entered and sentence passed against him for the offence punishable under Section 354 IPC.

2. The prosecution case is as follows:

    CW2 was a nine year old girl studying in the 4th standard of St. Antony's LP School, Vellikkulam during the academic year 2007-2008. The accused was her class teacher. On 25/02/2008 at 03:00 p.m. inside the 4th standard class room and in the lean-to of the main school building, the accused outraged the modesty of CW2 by squeezing her breast, stomach and below the navel. Though a complaint was given to the Headmaster and Manager of the school, they failed to take any action. Hence PW2, the mother of CW2 gave Ext.P4 FIS dated 26/05/2008 to the police based on which PW6, the then S.I., Erattupetta registered crime no. 203/2008, Erattupetta police station, that is, Ext.P4(a) FIR alleging the commission of the offence punishable under Section 354 IPC. PW6 after completing the investigation submitted the charge sheet/final report before the jurisdictional magistrate.

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