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2024 Supreme(Online)(KER) 23534

HIGH COURT OF KERALA
P. B. Suresh Kumar, JOHNSON JOHN, JJ
NOORJAHAN BANDARAGOTHI – Appellant
Versus
UNION TERRITORY OF LAKSHADWEEP – Respondent


Advocates:
R.ROHITH HARISHMA P. THAMPI, Sajith Kumar V., SAIBY JOSE KIDANGOOR, BENNY ANTONY PAREL, P.M.MOHAMMED SALIH, ANOOP SEBASTIAN, PRAMITHA AUGUSTINE IRINE MATHEW, ADITHYA KIRAN V.E, ANJALI NAIR, NAAIL FATHIMA ABDULLA, A. TANOOSHA PAUL, SWATHY SUDHIR, Sajith Kumar V.

JUDGMENT

Johnson John, J .

The appellants are the first and second accused in C.C. No. 1 of 2017 on the file of the Court of Session, Kavaratti (Special Court for POCSO Offences) and they are challenging the conviction and sentence imposed on them for the offences under Sections 120B, 363, 366, 366A 368 376(2)(i) & (n), 506(ii) and 109 of IPC and Sections 4, 6, 8, 10, 12 and 17 of the Protection of Children from Sexual Offences, 2012 (‘Act, 2012’ for short) as per the impugned judgment dated 18.11.2022.

2. The prosecution case is that the first accused is the husband of the second accused and druing 2016, the accused persons entered into a criminal conspiracy to kidnap the minor victim girl, who was 1their neighbour, to subject her to rape and sexual assault and with the aid and instigation of the second accused, the victim minor girl was kidnapped from the lawful guardianship of her parents and kept her in wrongful confinement in a bedroom of the house of the accused persons and the first accused repeatedly inserted a sex toy into the vagina and anus of the victim girl and also exhibited his naked body to the victim and the accused persons also threatened the victim that they will ki

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