RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, who were tried, found guilty, convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and in default, to undergo simple imprisonment for a further period of three years by the Additional District and Sessions Court (Fast Track - I), Thiruvananthapuram, for offences punishable under S.376 IPC on a charge - sheet laid by the Circle Inspector of Police, Kilimanoor, in Crime No. 166 of 2003 of the Kilimanoor Police Station, are in appeal before us. The allegation was that they committed rape on the prosecutrix, a minor, on different occasions during the first half of the year 2003.

(2.) The appellant in Crl. A. No. 2661 of 2008 is the first accused, who is none other than the father of the victim. He has preferred the appeal from the Central Prison, Thiruvananthapuram, where he is undergoing imprisonment. Crl. A. No. 2629 of 2008 is filed by the second accused, who is the first cousin of the victim. For convenience of discussion they can be referred to as they are arrayed in the impugned judgment.

(3.) The first accused is defended by a counsel engaged at the expense of the State and the second accused is defended by a counsel of his choice.