ALIYAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in S.C.No.854 of 2015 on the files of the Additional Sessions Court, Thrissur ' I are the appellants in these appeals. Among them, the first accused is the appellant in Crl.A.No.802 of 2017 and the second accused is the appellant in Crl.A.No.803 of 2017. The appellant in Crl.A.No.802 of 2017 stands convicted for the offences punishable under Ss. 376(2)(l) and 376(2)(n) of the Indian Penal Code (IPC) and the appellant in Crl.A.No.803 of 2017 stands convicted for the said offences read with Sec. 109 of IPC.

(2.) The victim in the case, a girl allegedly aged 17 years was a student in a special school. The father of the victim is mentally ill and left the family of the victim. Therefore, the victim and her siblings, viz, her younger sister and younger brother were under the custody of her mother. On 23/8/2015, the victim was sent home for Onam vacation along with the second accused namely, her mother, who went to the school along with the siblings of the victim, to pick her up. After the vacation, the second accused dropped the victim back to the school on 31/8/2015. The Counsellor attached to the school found the victim to be in a disturbed mood and in the conversation that ensued, the victim allegedly revealed to the Counsellor that she was sexually abused on the way to her house when she left for Onam vacation. The matter was informed by the Counsellor to the Principal of the school and she, in turn, produced the child before the Child Welfare Committee. The Child Welfare Committee lodged a complaint to the police, and a case was registered on that basis after recording the statement of the victim. After due investigation, the final report was filed in the case before the Special Court for Trial of Offences under the Protection of Children from Sexual Offences Act (POCSO Act) disclosing commission of the offences by the accused punishable under Ss. 376(2)(l) and 376(2)(n) read with Sec. 34 IPC and Ss. 5(k) and (l) read with Ss. 6, 14(3) and 16 of the POCSO Act. Among the accused, the first accused is Aliyar, the person who used to frequently visit the house of the victim, after her father had left therefrom.

(3.) The accusation in the case is that on the way home on 23/8/2015, when the victim and her family reached the K.S.R.T.C bus stand, Thrissur, the first accused was waiting for them in the bus stand as per a pre-arranged plan with the second accused. The first accused then took them to a lodge where he, with the knowledge that the victim is a minor and a person suffering from mental disability, took nude pictures of the victim on his mobile phone. Thereafter, the first accused showed pornographic videos to the victim and required her to indulge in sexual acts as depicted in the videos. Thereupon, the first accused engaged in sexual intercourse with the victim twice. It is alleged in the final report that the first accused committed the offences aforesaid with the aid and instigation of the second accused.