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2021 Supreme(Online)(KER) 13065

HIGH COURT OF KERALA
K VINOD CHANDRAN, M.R.ANITHA, JJ
(VICTIM) – Appellant
Versus
SURENDRAN M. @ KALYANI SURENDRAN – Respondent


Advocates:
SRI.P.B.AJOY, SRI.T.M.DOLGOVE, SMT.M.NEEMA, SRI.R.T.PRADEEP, SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.M.A.MOHAMMED SIRAJ, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.P.VIJAYA BHANU (SR.), SMT.MITHA SUDHINDRAN, SRI.VIPIN NARAYAN, SRI.M.SUNILKUMAR, SRI.SUJESH MENON V.B.R, SRI.T.ANIL KUMAR, SRI.THOMAS ABRAHAM (NILACKAPPILLIL), SRI.THOMAS SABU VADAKEKUT, SRI.MAHESH BHANU S., SMT.AMBIKA DEVI. S., SPL.GOVT.PLEADER FOR ATROCITIES AGAINST WOMEN AND CHILDREN.

JUDGMENT/ORDER

Vinod Chandran, J.

The prosecution has charged a case of abject moral depravity in which five persons, aged between 48 to 79, were alleged to have ravished a minor girl, as complained of by the victim and her mother. The prosecution case rests squarely on the evidence of the victim.

I. The revision and prayer for conversion as an appeal:

2. The appeals are filed by the accused and after hearing commenced and continued for two days, Sri.Siddarth A. Menon, Legal Aid Counsel appointed in Crl.R.P.246/2016 sought for conversion of the R.P. into an appeal under Section 401(5) of the Code of Criminal Procedure , 1973 ['Cr.P.C.' for brevity]. The revision filed by the victim was called to the Division Bench, to be heard along with the appeals. The Counsel appearing for the accused appearing in the appeals have taken notice for the respondents on 08.02.2020. The prayer for conversion as appeal is on the ground that, unwittingly, the victim, filed a revision against the order of acquittal under the Protection of Children from Sexual Offences Act, 2012 ['POCSO Act' for brevity]. A victim is enabled to file an appeal against such order of acquittal as per the proviso to Section 372

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