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2023 Supreme(Online)(KER) 27390

HIGH COURT OF KERALA
ALEXANDER THOMAS, SOPHY THOMAS, JJ
MURALI , S/O GOPI, C.NO.2242 – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SMT.ANUROOPA JAYADEVAN, STATE BRIEF, SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

J U D G M E N T

ALEXANDER THOMAS, J.

The appellant is the sole accused in Sessions Case, S.C. No. 1358 of 2014 on the file of the Additional Sessions Judge for the trial of cases relating to atrocities and sexual violence against women and children, Thiruvananthapuram (arising out of Crime No. 130/2014 of Kazhakuttom Police Station), for committing offences punishable under Secs. 450 and 376 IPC .

2. By judgment dated 20.11.2017, the Additional Sessions Court, Thiruvananthapuram has convicted and sentenced the accused to undergo imprisonment for life, which shall mean imprisonment for the remainder of his natural life and imposed a fine of Rs. 50,000/-, default of which would entail him to suffer rigorous imprisonment upto 2 years for the offence under Sec. 376(2)(l). For the offence under Sec. 450 IPC , he was sentenced to rigorous imprisonment for 5 years and a fine of Rs. 20,000/-, in default of which he shall undergo rigorous imprisonment for 6 months.

3. The brief facts leading to the case are as follows:

On 27.01.2014 at 11:30 AM, the accused committed house trespass into the house of P.W-1 at Thattathumala Desom, Pazhayakunnummel Village and committed rape on her daughter, who

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