K.MANIKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision petition has been filed under Sec. 397 r/w 401 of the Code of Criminal Procedure (for short 'Cr.P.C.' hereinafter) and the revision petitioner is the 5th accused in SC.No.438/2015 on the files of Additional Sessions Court, Ernakulam.

(2.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor in detail. Perused the order impugned and the relevant documents, including final report and statement of the witnesses.

(3.) The prosecution allegation is that accused Nos.1 and 2 abducted CW1, a minor, engaged her in prostitution against her will with intention of monetary gain and during April, 2011 vacation after SSLC examination, she was brought by accused Nos.1 and 2 to Thiruvananthapuram, and handed over her to accused Nos.3 and 4 and accused Nos.3 and 4 handed over CW1 to the petitioner/5th accused for a consideration of Rs.75,000.00 and the petitioner/5th accused took CW1 to Palunkal Village in a TaTa Safari Car and illegally detained her in a house at Pallunkal Village in Kanyakumari District and raped her three times. Thereby the prosecution alleges commission of offences punishable under Ss. 366(A), 372, 373, 376, 342, 506(i) r/w 34 of Indian Penal Code and Sec. 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('J.J Act' for short).