VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in S.C. No. 343/1999 before the Additional Sessions Judge, Alappuzha. He was prosecuted for offences punishable under Sections 450 and 376 of the Indian Penal Code. The prosecution case as stated in paragraph

(2.) OF the judgment of the Assistant Sessions Judge is as follows:

(3.) ON the other hand, the learned Public Prosecutor would contend that the courts below have analyzed the evidence of PW2 in minute detail and have come to the conclusion that notwithstanding the minor discrepancies therein, the evidence of PW2 can be accepted as that of a five year old child. Since there is no apathy towards child witness in criminal prosecutions, the evidence of PW2 as a child witness is sufficient to prove the guilt of the petitioner, is the contention raised. It is further submitted that simply because the doctor stated that there is no clinical evidence to prove the sexual intercourse on PW2, that is not the final word and it has come out in evidence that even without the injuries on the body of PW2 and without clinical evidence regarding sexual intercourse, other evidence available is sufficient to prove that there was sexual intercourse on PW2. It is submitted that the evidence of PW2 itself would go to show that in fact she was subjected to sexual intercourse by the petitioner. Therefore, the learned Public Prosecutor would support the judgments of the courts below.