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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Anil N., S/o. Ramachandran – Appellant
Versus
State of Kerala, Represented By The Public Prosecutor, High Court of Kerala – Respondent
| Table of Content |
|---|
| 1. elements of the alleged offences. (Para 4 , 12 , 14) |
| 2. arguments presented by the parties. (Para 7 , 8 , 9) |
| 3. legal definitions and applicability of ipc sections. (Para 21 , 22 , 24 , 26) |
| 4. final determination of conviction and sentencing. (Para 28 , 29 , 30) |
JUDGMENT :
A.BADHARUDEEN, J.
The sole accused in S.C.No.502 of 2011 on the files of the Ist Additional Sessions Judge, Palakkad has filed this Criminal Appeal challenging the conviction and sentence imposed against him in the said case dated 21.06.2016.
2. Heard the learned counsel for the appellant/accused. Also heard the learned Public Prosecutor in detail. Perused the verdict impugned and the evidence available.
3. Here the prosecution alleges commission of offences punishable under Sections 450, 354 and 377 of the Indian Penal Code, 1860 (for short ' IPC ') by the accused/appellant.
4. The prosecution case in brief is that around at 2:00 p.m. on 12.12.2010, the accused with an intention to satisfy his lust criminally trespassed upon the residential house of the victim girl of 11 years in Ambalappara II village bearing door No.II/540. Thereafter the accused sexually seduced her, threatened and intimidated the g
The court upheld the conviction for sexual offences against a minor, confirming that intimidation can justify delays in lodging an FIR while the evidence for the charges, including threats and action....
The court affirmed that consent of a minor is irrelevant in rape cases, reinforcing statutory protections and addressing evidential credibility.
The need for reliable and consistent evidence to establish guilt beyond reasonable doubt.
The court determined that the evidence only supported an attempt under Section 511 of Section 377 IPC, leading to a reduction in the sentence and emphasizing the serious nature of sexual offences aga....
The conviction for rape under Section 376 IPC and under Section 3(1)(xii) of the SC & ST Act was not upheld due to lack of evidence; however, conviction for house trespass under Section 454 IPC was a....
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
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