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2024 Supreme(Online)(KER) 19732

HIGH COURT OF KERALA
P. B. Suresh Kumar, M.B. SNEHALATHA, JJ
ANEESH C NO3243 – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
LIJOY P.VARGHESE, SMT.BINDU O.V., ADV.LIJOY P.VARGHESE, SMT.AMBIKA DEVI S

JUDGEMENT

M.B.Snehalatha, J

This appeal under Section 374(2) of Cr.P.C by the accused in S.C.No.377/2013 of Sessions Court, Alappuzha has been filed through the Superintendent of Central Prison, Thiruvananthapuram under Section 383 of Cr.P.C challenging the conviction entered and sentence passed against him for the offences punishable under Sections 366 and 376(1) of Indian Penal Code (for short ' IPC '), Sections 3(1)(xi) and 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') and Section 23 of the Juvenile Justice (Care and Protection of Children) Act , 2000 (for short 'JJ Act').

2.In short, the prosecution case is as follows: On 15.10.2012, the accused enticed the victim minor girl, who belongs to Scheduled Caste out of the keeping her lawful guardian with the intention to seduce her into illicit intercourse and thereafter on 16.10.2012 the accused committed rape on her at the rented house of his friend at Parassinikkadavu and thereby committed the offences punishable under Sections 366 and 376 (1) IPC , Sections 3(1)(xi) and 3(2)(v) of the SC/ST (POA) Act and Section 23 of the JJ Act.

3.During the period of the alleg

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