RAJAB KHANDAKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgment of the Fast Track Special Court, Perumbavoor in S.C.No.284/2020. The offences alleged against the appellant/accused are under Sec. 376(3) of the Indian Penal Code and Sec. 3(a) r/w 4 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred as 'the POCSO Act'].

(2.) The learned Special Judge convicted and sentenced the accused to undergo imprisonment for life and to pay a fine of Rs.25,000.00 for the offence punishable under Sec. 3(a) r/w 4(2) of the POCSO Act. The Court further directed that, if the fine amount is realized, it shall be paid to the victim as compensation under Sec. 357(1)(b) of Cr.P.C. No separate sentence was awarded to the accused under Sec. 376(3) of the Indian Penal Code. Impugning the judgment of the Special Court, Perumbavoor, the sole accused has preferred this Criminal Appeal.

(3.) The allegation in this matter is that, a 13 year old child was subjected to penetrative sexual assault and rape by a migrant worker residing near the house of the victim. The prosecution case is that, on 23/10/2019, at about 2p.m, while the victim girl was washing clothes in a stream near her house, the appellant/accused took her to a nearby abandoned and dilapidated building by catching hold of her hands and committed rape on her and thereby, committed the aforementioned offences.