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HIGH COURT OF KERALA
K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
MADHU – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. context of sexual assault and accusations against the accused (Para 1 , 3 , 5) |
| 2. arguments regarding evidentiary issues and procedural adherence (Para 4 , 6) |
| 3. victim's credibility and corroborative evidence (Para 8 , 10) |
| 4. conclusions drawn from testimony and prosecutorial effectiveness (Para 11 , 12 , 22) |
| 5. legal standards and requirements for convicting under pocso and ipc (Para 14 , 15 , 19) |
JUDGMENT
Vinod Chandran,J.
When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned woman, but also the helpless children. In this case we have a 'poojari'/'komaram' (priest/oracle in a temple) taking the abandoned woman and the three children under his wing, only to repeatedly molest the elder girl child, that too in the presence of her siblings. We wonder which God would accept the obeisance and offerings of such a priest or make him a medium?
2. We have heard learned Counsel Sri.K.M.Firoz for the appellant/accused and Smt.Sheeba Thomas, learned Public Prosecutor for the State.
3. Sri.Firoz took us through the charge to point out that there is a misjoinder of charges. The Protection of Children from Sexual Offences Act, 2012 ['POCSO A
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