XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal, preferred under Sec. 374(2) of the Code of Criminal Procedure 1973, is directed against the judgment dtd. 30/3/2019 i n S.C. No. 62 of 2017 passed by the Special Court for the Trial of Offences against Children (Additional Sessions Court- I), Manjeri. In the aforesaid case, he was charged for having committed offences punishable under Ss. 376(2) (f), (i), 506 (ii) of the IPC and Ss. 5(l), (m), (n) r/w. 6 of the Protection of Children from Sexual Offences Act, 2012. By the impugned judgment, he was found guilty of the offences punishable under Ss. 376(2)(f)(i)(n) of the IPC, Sec. 6 (l) (m) (n) of the POCSO Act, as per Sec. 235(2) of Cr.P.C and sentenced to undergo iimprisonment for life for the offence under Sec. 376(2) of the IPC and to pay a fine of Rs.1,00,000.00 with a default clause. The above finding of guilt, conviction and sentence is under challenge in this appeal.

(2.) The appellant i s the father of the survivor child, who was aged about 12 years at the time of registering the crime on 2/8/2016. PW2 is the wife of the appellant. She had a minor son from her marriage with the appellant. One day prior to the registration of the crime, the child was taken to the Government Ayurvedic Dispensary, where PW1, an Ayurvedic Physician, was working. Upon hearing the complaint, the doctor sensed that something was amiss and informed the Childline authorities and members of the Child Welfare Committee. A member of Childline then alerted the police. The statement of the child was recorded on 2/8/2016 by PW10, a Woman Police Constable, and based on the same, Ext. P9 FIR was registered. The FIS was then transmitted to the Sub-Inspector of Police, Changramkulam. On the basis of Ext. P1, Ext. P9 FIR was registered.

(3.) The investigation was initially conducted by the Sub-Inspector of Police, Changramkulam Police Station (PW12). Thereafter, the same was taken over by the Circle Inspector of Police, Ponnani (PW13), on 3/8/2016. He prepared Ext.P8 Scene Mahazar, as per which he seized MOs 1 and 2 clothes worn by the survivor. Samples were taken for the purpose of Forensic analysis and the same was forwarded as per Ext.P11 Forwarding Note. Since, from the statement of the child, it was revealed that the initial incident had taken place at Kumaranalloor, in an unnumbered house near to house bearing No. 15/399 situated within the limits of Kakkur Grama Panchayat and prepared Ext.P12 Scene Mahazar. Thereafter, the accused was arrested at Cheruvallur at 01.00 p.m. Ext.P13 arrest memo and Ext. P14 inspection memo evidences the same. The accused was then produced before the Taluk Headquarters Hospital, Ponnani and Ext.P3 Potency Certificate was obtained. Ext.P15 report was submitted before the court, incorporating the name of the accused and he was remanded on production before the Court. Steps were taken to get the scene plans prepared and also to record the statement of the child by the earned Magistrate in terms of Sec. 25 of the POCSO Act. He also took measures to obtain Exhibit P7 School Admission Register from the Darussalam English Medium School where the child was pursuing her education. After completion of the investigation, the PW15, the Circle Inspector of Police Ponnani, laid the final report before the court.