SUDHEER @ SUNEER Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal is against the judgment of conviction and order of sentence under Sections 376 (1) and 506(1) IPC and under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000, in Sessions Case No.76 of 2012, dated 26.07.2012, of the IInd Additional Sessions Court, Ernakulam.

(2.) A muslim minor girl, aged 14 years, was subjected to rape by her own father twice by laying her on the cot in the south western room of their house situated at Kottuvally Panchayat on a day in the month of April 2009 while her mother Subaida (CW2) and brother Naufal (CW3) were not in the house. He had also unleashed threat on her not to disclose the same to others, otherwise he would kill her and her brother and publish her nude photos in the internet. Later on she was taken to various persons and subjected to sexual assault at various places by her father.

(3.) On 07.03.2011, the victim accompanied by CW4 Beerankunju and CW5 Hafsath reached the North Paravoor Police Station and gave FIS, based on which a crime was registered as Crime No.346/2011 of North Paravoor Police Station, revealing the commission of offence of rape by her father and various sexual assaults on her by so many persons at the instance of her father, who had offered her to various persons for his personal gain. The investigation was took over by a special investigation team of CBCID.