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2021 Supreme(Online)(KER) 47222

HIGH COURT OF KERALA
A.HARIPRASAD, M.R.ANITHA, JJ
STATE OF KERALA – Appellant
Versus
MADHU @ KUTTI MADHU,S/O MANIKANDAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NICHOLAS JOSEPH, SRI S.U.NAZAR, SRI.JOHN S.RALPH, SRI.V.JOHN THOMAS, SRI.VISHNU CHANDRAN, KUM. KEERTHANA SUDEV, SRI.APPU BABU, SMT.SHIFNA MUHAMMED SHUKKUR
For the Respondents: SRI.JOHNSON VARIKKAPPALLIL, SRI.P.G.JAYASHANKAR

Table of Content
1. child abuse as a grave social evil. (Para 1 , 2)
2. investigation details of child suicide cases. (Para 3 , 4)
3. acquittal of accused in child abuse cases. (Para 5 , 6)
4. insufficiency of prosecution evidence. (Para 8 , 9 , 10)
5. judicial roles in ensuring fair trials. (Para 11 , 12 , 43)
6. responsibility of the prosecution and trial courts. (Para 13 , 14)
7. judges' authority in criminal trials. (Para 80 , 81 , 82)
8. need for retrial due to trial faults. (Para 94 , 95)
9. conclusive orders for retrial. (Para 104)

JUDGEMENT

Hariprasad, J. Abhorrent child abuses and inexcusable indifference to the crime are one of the gravest social evils prevalent in the present society. A child can be abused in many ways. Mental, physical and sexual abuses are some of them.

Multi-dimensional complexities of human life, misuse of social media platforms and changed socio-economic conditions expose the children to new and different forms of abuses. It includes causing mental and physical injuries, neglecting, blaming, forced sexual serfdom, incest exploitation, etc. Child abuses take place in their homes, schools, orphanages and residential care facilities. Even on the streets, in work p

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