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2020 Supreme(Online)(Ker) 52034

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, J
CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.P.VIJAYA BHANU (SR.), Sri.P.M.RAFIQ, Sri.M.REVIKRISHNAN, Sri.THOMAS J.ANAKKALLUNKAL, Sri.VIPIN NARAYAN, Sri.AJEESH K.SASI, Sri.V.C.SARATH, Smt.POOJA PANKAJ, Sruthy N. BHAT
For the Respondents: Smt.AMBIKA DEVI S, SPL.GP ATROCITIES AGAINST WOMEN & CHILDREN & WELFARE OF W & C

Table of Content
1. accused challenges conviction in appeal for gang rape. (Para 1 , 2)
2. victim details escort by jcl leading to the assault. (Para 11 , 12)
3. evaluation of victim's credibility; must meet high standards. (Para 14 , 15)
4. court concludes prosecution failed to prove guilt. (Para 20)

JUDGMENT

The sole accused in S.C. No.305 of 2016 on the files of the First Additional Sessions Court, Palakkad is the appellant in the appeal. He challenges in this appeal, his conviction and sentence in the said case.

2. The case of the prosecution is that on 20.01.2016, at about 9.00 a.m., the accused along with a Juvenile in Conflict with Law (the JCL) committed gang rape on the victim girl aged 13 years, in the cattle shed attached to the house bearing No.XI/159 situated at Panankavu, and thereby committed the offences punishable under Sections 376D and 376(2)(i) of the Indian Penal Code (the IPC ) and Section 5 (g) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

3. On the accused pleading not guilty of the charges levelled against him, the prosecution examined 19 witnesses as PW1 to PW19 and proved through them 19 documents as Exts.P1 t

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