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2022 Supreme(Online)(KER) 63863

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
BABU, C.NO. 2198 – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
..P.S ABDUL KAREEM (STATE BRIEF), P.K.VARGHESE, P.S.ANISHAD, K.R.ARUN KRISHNAN, P.T.MANOJ, SANJANA RACHEL JOSE, BIJU KUMAR, REGHU SREEDHARAN

J U D G M E N T

Jayachandran, J.

1. This appeal is directed against the judgment of the Additional Sessions Court-I, Alappuzha (Special Court for trial of offences under the POCSO Act) in S.C.No.444 of 2015 dated 30.10.2017, as per which, the appellant – the victim's father – was found guilty of offences under Sections, 376(2)(f) and 506(i) of the Penal Code and Section 5 (j)(i), 5(l), 5(n), r/w Section 6 , 9(l), 9(n) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012 (for short PoCSO Act) and also under Section 23 of the Juvenile Justice (Care and Protection) Act 2000. He was sentenced to various terms, including a term for imprisonment for life, which shall mean the remainder of the natural life of the accused for offence under Section 376 (2)(f) of the Penal Code.

2. The prosecution allegations are as follows:

The accused, who is the father of the victim/PW1, with necessary sexual intent, used to caress the breast of the victim/PW1 ever since she was studying from 7th standard onwards. In the year 2013, the accused raped the victim by inserting his penis to her vagina. This was repeated in the same year, when the accused ejaculated on her belly, with the

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