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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V.JAYAKUMAR
........ – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
K.V. Jayakumar, J.
This case arises from a night of unspeakable violence. Under the cover of darkness, the accused is alleged to have turned upon his own family and carried out a brutal acid attack on his wife and four innocent children.
2. The accused was charged as the perpetrator of this heinous crime and stood trial before the Additional District & Sessions Judge, Ernakulam, designated for cases involving atrocities and sexual violence against women and children, in S.C. No. 408/2019. He faced prosecution for offences punishable under Sections 450, 326A, and 307 of the Indian Penal Code .
3. The learned Sessions Judge found the accused guilty for the offences punishable under Sections 326A and 450 of IPC. The accused was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- for the offence under Section 326A IPC with a default sentence to undergo rigorous imprisonment for one year. The accused was further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.25,000/- for the offence under Section 450 IPC with a default sentence to undergo rigorous imprisonment for six months. But he was found not guilty of t
The court reaffirmed the principle that in cases of acid attacks, severe penalties under Sections 326A and adequate compensation for victims must be mandated, even if circumstantial evidence is prese....
Point of law : Offence under Section 307 of IPC which was available to the prosecution in the absence of Section 326A of IPC., was justifiable. Since prosecution has invoked Section 326A of IPC and t....
A conviction for an acid attack was overturned due to lack of credible evidence linking the accused, highlighting the necessity of substantial proof in sensitive cases involving caste dynamics.
The main legal point established in the judgment is the reliance on the reliability of the victim's testimony, corroboration from contemporaneous documents and medical evidence, recovery of evidence,....
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in victim testimonies can lead to acquittal in serious crimes.
The judgment establishes the liability of the appellants in an acid attack case, considering the evidence, legal provisions, and the victim's compensation. It emphasizes the application of Section 10....
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