UNNIKRISHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) We are confronted in this appeal with a tragic case involving the repeated violation of a daughter's innocence by the very man meant to protect her. It is a tale not just of abuse, but of betrayal. The victim's harrowing story of abuse, as corroborated by oral and medical evidence, was found trustworthy by the learned Sessions Judge and the father was found guilty of the offence punishable under Sec. 376(2), (f), (i), (n) of the IPC and Sec. 6 r/w. Sec. 5 (l), (m), (n) of the Protection of Children from Sexual Offences Act, 2012 (for brevity 'POCSO Act') and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000.00, with a default clause. The Court also ordered compensation of Rs.5,00,000.00, and the victim was directed to approach the Legal Services Authority. By this appeal, the appellant impugns the judgment passed by the learned Sessions Judge on various grounds.

(2.) PW1, an 11-year-old child, the daughter of the appellant, was allegedly subjected to aggravated penetrative sexual assault by the appellant on 6/10/2014 and 7/10/2014, at their residence, bearing building No. 15/486 of the Marakkara Grama Panchayat. The case portrayed by the prosecution is that the mother of the child, who was examined as PW2, had to undergo a scan and was not at home on 6/10/2014 and 7/10/2014. PW12, the wife of the appellant's brother, and the father of the appellant, along with the victim, were at home. On 6/10/2014 and 7/10/2014, the appellant took the child to the bedroom and inserted his finger into the vagina. When the child writhed with pain, the appellant is alleged to have licked her buttocks. It is also alleged that the appellant thereafter laid on top of the child and rubbed his penis on her genitals. On 8/10/2014, the child revealed the incident to PW12, her aunt, who in turn informed the family members. PW2 reached home at about 10:00 a.m. on 8/10/2014, and on receiving the information, reported the incident to the Station House Officer, Valanchery Police Station, who recorded Ext.P1 FI Statement at 5:00 p.m. on 8/10/2014.

(3.) Based on the information so furnished, Crime No. 354 of 2014 was registered at the Kadampuzha Police Station on 8/10/2014, under Sec. 376 (f) r/w. Sec. 3 r/w. Sec. 4 of the POCSO Act, by PW13, the Station House Officer, Kadampuzha Police Station.