REJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the appellant in the Crl Appeal No. 767 of 2015 was first accused before the Court below. The second accused was the mother of the 15 year old girl, who was allegedly raped by the first accused.

(2.) The petitioner / appellant was found guilty for the offences punishable under S.376(2)(i) and (n) of the Indian Penal Code, S.5(1) and (n) read with S.6 of the Protection of Children from Sexual Offences Act, 2012 and S.23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The petitioner / appellant was sentenced to undergo rigorous imprisonment for life, which shall mean imprisonment for the remainder of his natural life, and also to pay a fine of Rs.10,000/- under S.376(2)(i) and (n) of the IPC. He was also sentenced to undergo rigorous imprisonment for six months under S.23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The conviction and sentence are under challenge in the Crl. Appeal filed by the first accused.

(3.) Crl MA No. 4238 of 2015 is filed by the appellant to suspend the execution of the sentence passed by the Court below. The application is opposed by the learned Public Prosecutor.