RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A permanently scarred teen aged-mother and an infant forced into adoption are the net result of the crime, which is the subject matter of the above appeal against conviction and sentence of its perpetrator. The victim and her orphaned child are destined to live with this pall of shame, on this miserable world where lecherous adults prey on innocent children.

(2.) The accused-appellant was tried and convicted for offences punishable under S.376(2)(h),(i)and(m) and S.506(2) of IPC and S.5(j)(ii),(l),(q) r/w S.6 of the Protection of Children from Sexual Offences Act, 2012. He has been awarded the maximum sentence of imprisonment of life which extends to the reminder of his natural life under the offences alleged under S.376 and an imprisonment of five years under S.506(2) and a fine of Rs.1 lakh, with a default sentence. By virtue of S. 42 of POCSO Act no separate sentence is awarded under the offences on which he has been convicted under that Act.

(3.) The allegation against the appellant found against him by the Sessions Court was that he subjected a minor girl of 14 years to repeated rape by reason of which she became pregnant; with which knowledge he continued the atrocities thus attracting the offences alleged against him. The learned Sessions Judge found that the evidence of the witnesses stand unchallenged and the version of the prosecutrix is totally believable. There is no consent on the part of the prosecutrix even remotely suggested, which in any event is immaterial for reason of the age of the prosecutrix who was below 16 years at the time when the offence was committed. The prosecutrix had not immediately spoken of the incident due to the intimidation by the accused and also fear of parental repercussion. There is further scientific evidence by way of the DNA Examination, which scientific evidence proves that the accused is the biological father of the child born to the victim.