JIBI Vs. STATE OF KERALA

JUDGEMENT

(1.) The first among the two accused in S.C.No.397 of 2016 on the files of the Additional Sessions Court, Ernakulam is the appellant in the appeal. He stands convicted and sentenced for the offences punishable under Sec. 376(2)(i) of the Indian Penal Code (IPC) and Sec. 3(a) read with Sec. 5(j)(ii) and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) The victim in the case is allegedly a girl aged 14 years. The second accused in the case is none other than the mother of the victim. The second accused was though charged for the offences punishable under Ss. 109 read with 376(i) IPC, Sec. 212 IPC, Ss. 17 read with 5(j)(ii) and 6 of the POCSO Act and Sec. 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000, she was acquitted of the charges.

(3.) The accusation in the case as in the final report is that the first accused who is married to another and has three children, had an illicit relationship with the second accused; that on account of the said illicit relationship, the second accused had to live separately from her husband along with the victim and that while the second accused was living so, on a day during the first week of October 2015, the first accused had sexual intercourse with the victim and impregnated her, with the consent of the second accused and with the knowledge that the victim was a minor.