SURESH K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant challenges the conviction and sentence imposed upon him in S.C No. 345 of 2016 on the files of the Special Court for Atrocities against Women and Children, Kasaragod.

(2.) By the impugned judgment, the appellant has been found guilty for the offences punishable under sec. 376(2)(i) and 376(2)(n) of the Indian Penal Code, 1860, (for short 'the IPC') and sec. 6 r/w sec. 5(l) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO'). He has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.15,000.00, in default to undergo rigorous imprisonment for a further period of two years under sec. 376(2)(i) and sec. 376(2)(n) of IPC, in view of sec. 42 of the POCSO Act. The accused was, however, found not guilty for the offence under sec. 5(n) of the POCSO Act. Compensation to the victim under the victim compensation scheme was also directed to be paid by the trial court.

(3.) The prosecution alleged that in September, 2015 and thereafter on several days, till February 2016, the accused raped a minor girl aged 13 years in her house at Malom village and thereby committed the offences alleged.