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2021 Supreme(Online)(Ker) 59389

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
MADHU – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.M.FIROZ, SMT.M.SHAJNA, SRI.P.C.MUHAMMED NOUSHIQ
For the Respondents: SMT.SHEEBA THOMAS

Table of Content
1. misjoinder of charges and implications for fair trial. (Para 1 , 3 , 4 , 6)
2. victim's testimony on repeated assault and its corroboration. (Para 7 , 8 , 9)
3. applicability of the pocso act and evidentiary standards. (Para 20)

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 Act' for brevity] was brought into effect from 14.11.2012 and the incident on which the first charge is levelled is prior to the POCSO Act and requires a committal proceedin

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