STATE OF KERALA Vs. MADHU @ KUTTI MADHU

JUDGEMENT

(1.) Abhorrent child abuses and inexcusable indifference to the crime are one of the gravest social evils prevalent in the present society. A child can be abused in many ways. Mental, physical and sexual abuses are some of them. Multi-dimensional complexities of human life, misuse of social media platforms and changed socio-economic conditions expose the children to new and different forms of abuses. It includes causing mental and physical injuries, neglecting, blaming, forced sexual serfdom, incest exploitation, etc. Child abuses take place in their homes, schools, orphanages and residential care facilities. Even on the streets, in work places and in prisons too such violations occur. Violence in any form will cause a deep impact and leave an indelible scar in the mind of the child. Child abuse results in a real or potential harm to the child's health, personality development and dignity.

(2.) Sob story unfolded from the records in these cases utterly shock our conscience. It ought to have been so for the investigator, the prosecutor and the trial court too. Unfortunately, two tender aged girl children, who are uterine sisters, departed from this world unavenged for the inexpiable sins done to them by those who should have been taking care of them.

(3.) On 13.01.2017, Walayar Police Station Crime No.43 of 2017 was registered under Section 174 of the Code of Criminal Procedure, 1973(in short, "Cr.P.C."). Contents of the first information statement (FIS), in short, are that on the above date, a girl approximately 13 years of age committed suicide by hanging inside a shed, where the victim and family were living, at a time between 14.30 -17.00 hours. The matter was reported by the nephew of the girl's mother at 19.29 hours. After a preliminary investigation, the body was sent for postmortem examination. A postmortem certificate dated 14.01.2017 was issued by the Assistant Surgeon, Department of Forensic Medicine, District Hospital, Palakkad. The certificate reads thus: