LAWS(KER)-2024-3-146

GEORGE Vs. STATE OF KERALA

Decided On March 27, 2024
GEORGE Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 573 of 2013 on the file of the Additional District and Sessions Judge, Ernakulam and he is challenging the conviction and sentence passed against him for the offences under Ss. 376 (1) of IPC and Sec. 67B(e) of Information Technology Act, 2000 ('Act, 2000' for short) as per the impugned judgment dtd. 3/9/2016.

(2.) The prosecution case, as per the final report, is that the accused, who is the biological father of the minor victim girl, subjected her to sexual intercourse forcibly at 4.30 p.m., on 21/10/2010. and thereafter, he continued to subject her to sexual intercourse on several days for a period of one year and he also recorded the above act of rape in his mobile phone and thereby, caused others to see the same and he is thereby, alleged to have committed the offences punishable under Sec. 376 (1) IPC and Sec. 67B(e) of the Act, 2000.

(3.) Based on Exhibit P1, First Information Statement of the victim dtd. 17/7/2012 recorded by PW10, Exhibit P9 FIR was registered and thereafter, PW11, Circle Inspector of Mattancherry, conducted the investigation and filed the final report and the same was taken on file as S.C. No. 573 of 2013.