ALEX Vs. STATE OF KERALA

JUDGEMENT

(1.) It is moral depravity of the worst kind when teachers stoop down to the level of lecherous deviants to molest their students. In the case we are dealing with, we have an allegation of a teacher in a Sunday School, where moral and religious education is imparted, having committed repeated rape on his student, a minor child. Worst still, the defence is that it was another teacher in the same Sunday School who committed the atrocious act, who also stands convicted in another proceeding. We can only look up to the Good Lord and lament: 'Heaven forbid'. But in this world, we are called upon to decide, whether the conviction was proper and if we affirm it, as to the correctness of handing down the harshest sentence, the legislature prescribes.

(2.) The allegation was of repeated rape and the offences charged were under S.376 (2)(i) & (n) of the Indian Penal Code [for brevity, 'the IPC'], S.5(f) &(l) read with S.6 of the Protection of Children from Sexual Offences Act, 2012 [for brevity, 'the POCSO Act']. The repeated commission of the offence was found against the prosecution. On the single instance, upon which the First Information Statement (FIS) was registered, the accused was found guilty under S.376(2) (i) of IPC and S.5(f) read with S.6 of the POCSO Act. He was convicted and sentenced to undergo R.I for life for the offences on which conviction was entered under the IPC, which means the remainder of his natural life and a fine of Rs.2 lakh with default sentence. No separate sentence under the POCSO Act was imposed under S.42 of that Act.

(3.) The prosecution paraded 14 witnesses before the trial Court as PWs.1 to 14, marked 22 documents as Ext. P1 to P22 and produced 4 material objects as MO1 to MO4. DW1 to DW4 were examined on the side of the defence and Ext. D1 & D2 were marked. Sri.P.Vijayabhanu, learned Senior Counsel, instructed by Smt.Pooja Pankaj argued for the appellant-accused. While Smt.S.Ambika Devi, learned Special Government Pleader [Atrocities against Women and Children and Welfare of Women and Children] appeared for the State.