SURESH P.M @ POOCHA SURA Vs. SIJU POULOSE

JUDGEMENT

(1.) These appeals are preferred impugning the judgment of the learned Special Judge (Special Court for Trial of Offences under POCSO Act and Children's Court), Kalpetta, Wayanad, dtd. 5/3/2021 in S.C. No.128 of 2019. Criminal Appeal No. 280 of 2021 is preferred by accused Nos.1 and 4, Criminal Appeal No. 274 of 2021 is preferred by accused Nos.2 and 3 and Criminal Appeal (V) No. 66 of 2025 is preferred by the victim.

(2.) The prosecution case in brief is that a child aged about 11 years was subjected to penetrative sexual assault by accused Nos. 1 to 3 on multiple occasions during 2017-2018. The 4th accused, Kanchana, is the mother of the 1st accused, Suresh Babu P.M. The said Kanchana had worked as a maid in the house of the survivor. The prosecution alleges that the 1st accused used to visit the house of the survivor under the guise of seeing his mother. Later, 1st accused developed intimacy with the survivor and on 4/1/2017, while the survivor was alone in her house, the 1st accused committed penetrative sexual assault on her. During that time, the 1st accused took nude photos of the survivor and subjected her to repeated sexual assault by threatening to publish the nude images.

(3.) The prosecution further alleges that accused Nos. 2 and 3, namely, Suresh P.M. @ Poocha Sura and Siju Poulose, who are the close associates of the 1st accused, have also committed penetrative sexual assault on the child on different dates.