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2013 Supreme(Online)(KER) 12450

HIGH COURT OF KERALA
P.BHAVADASAN, J
SUNIL KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The accused in this case, who was prosecuted for the offences punishable under Section 3(1)(xii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Sections 366 and 376 of Indian Penal Code, was found guilty on all three counts. He was therefore convicted and sentenced to undergo rigorous imprisonment for eight years for the offence punishable under Section 366 of I.P.C., to undergo rigorous imprisonment for eight years and to pay fine of Rs.1,00,000/- with a default sentence of rigorous imprisonment for two years for the offence under Section 376 of I.P.C. and to undergo rigorous imprisonment for five years and to pay fine of Rs.25,000/-, with a default sentence of rigorous imprisonment for one year for the offence under Section 3(1)(xii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The substantive sentences were directed to run concurrently and set off as per law was allowed. It was also directed that if the fine amount is realised, a sum of Rs.1,00,000/- will be paid as compensation to P.W.1.

2. P.W.1 is the victim in this case. P.W.6 is her brother. On the date of the incident, i.e., on 10.7.2001, P.W.1, as usual, went for

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