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2024 Supreme(Ker) 902

P. B. SURESH KUMAR, C. PRATHEEP KUMAR
V. M. Abdulkhader @ Kader – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.U.Sujith Kumar, Sri.K.V.Winston
For the Respondent: Smt.Bindu.O.V, Public Prosecutor

JUDGMENT :

C.Pratheep Kumar, J.

A father, who has been convicted for ravishing his own minor daughter is the appellant before us. He is the accused in Sessions Case No.309/2018 on the file of the Special Judge for the trial of offences under the PoCSO Act, Thalassery. The trial court convicted and sentenced him under various provisions of IPC as well as under the Protection of Children from Sexual Offences Act. The prosecution case is that the accused committed rape/penetrative sexual assault repeatedly on his minor daughter, since she was a student of class VII, at his own residence.

2. The trial court framed charges against the accused under Section 376 (2)(f),(k) and (n) of IPC and Section 5 (l) and (n) r/w Section 6 of the Protection of Children from Sexual Offences Act (PoCSO Act). The evidence in the case consists of the oral testimonies of PWs 1 to 11 and documentary evidence Exts.P1 to P21 on the side of the prosecution. No evidence was adduced by the accused. After appreciating the available evidence, the trial court found the accused guilty of the offences under Section 376 (2)(f)(k) and (n) of IPC and Section 5 (l) and (n) r/w 6 of the PoCSO Act. He was sentenced to undergo

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