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2022 Supreme(Online)(KER) 39731

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
JACOB JOSE
– Appellant
Versus

ANTONY – Respondent


Advocates:
M.REVIKRISHNAN, SRI.P.M.JOSHI, SRI.T.S.NAZIMUDDIN, V.JOHN SEBASTIAN, RALPH V.JOHN, THOMAS RALPH, RETI JOHN, SMT.AMBIKA DEVI S

JUDGMENT

Vinod Chandran, J.

Charity or perfidy is the question raised in the appeal where the prosecution alleged that the Managing Trustee of a charitable children's home sexually abused the children, left to his care. The learned Counsel for the appellants, who are the victims, submit that the children were admitted in the charitable home only by reason of the penury of the parents and the person in charge of the Home, under the cloak of a protector, turned predator. The respondent vehemently asserts that the prosecution is malicious and ill-motivated; a direct off shoot of the disputes pending in the Civil Court with respect to the administration of the Trust. The accused was acquitted of the charges by the trial court, against which the victims filed the above appeal. The allegation was that the appellants and other children, inmates of the Home were repeatedly subjected to sexual molestation by the Managing Trustee of the Trust under which the children's home is run.

2. Sri.M.Revikrishnan, learned Counsel appearing for the appellants point out that both the appellants examined as PWs.2 and 3 spoke of the atrocities committed on them. At least in the case of PW3 there is absolute

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