K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
GOPI @ SHOBI – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. rape allegation and conviction basis. (Para 1 , 2) |
| 2. testimony of victim and corroboration. (Para 3 , 4 , 5) |
| 3. investigation challenges and details. (Para 6 , 7 , 8) |
| 4. delay in fir and its implications. (Para 9 , 10 , 11) |
| 5. credibility of investigation and trial integrity. (Para 12 , 13) |
| 6. final decision on appeal affirming conviction. (Para 14 , 15 , 16) |
JUDGMENT
Vinod Chandran, J.
We are faced with another instance of a neighbour, that too a fatherly figure, turning predator by committing rape on a child. The victim who had not even reached her teens was thus impregnated and a female child was born to her. The child mother and the infant were then left to feed on the vagaries of life. The charge was under Sections 376 and 506 of the IPC . The accused was convicted and sentenced to undergo imprisonment for life and pay a fine of Rs.5,00,000/- [Rupees five lakhs] for the offence punishable under Section 376 , with a default sentence.
2. Sri. V.S.Babu Gireesan, learned Counsel for the appellant, would argue that the conviction based on the evidence of the prosecutrix alone has to be set aside. The FIR was registered with a delay of six months. There is no valid pro
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