KOCHI: It is a shame that every other case that the court hears is sadly a rape of a minor, the high court said in a judgment.
Upholding the conviction of a man accused of raping the minor daughter of his friend, a division bench of Justice K Vinod Chandran and Justice Ziyad Rahman AA said, “It is a shame that every other case we consider is sadly a rape of a minor. A minor child was pounced upon… when she was alone in her house and forcefully molested, which is the case of the prosecution.”
The bench hears appeals in cases related to offences against women and children. An appeal by Mani Balan, who was convicted by the Pocso special court at Kalpetta in Wayanad, was considered by the court.
Even though the accused challenged the conviction by alleging improbability of the story and highlighting minor inconsistencies in the versions presented by the girl and her mother, the court did not agree.
As per the prosecution case, the girl was alone at her house between 4pm and 5pm on May 4, 2014 as her mother had gone to attend a Kudumbashree meeting. When the mother returned, she found the daughter crying and she revealed the rape when questioned by her. The girl’s father was not at home.
HC rejects ‘fake’ lawyer’s plea
The high court on Friday declined to grant anticipatory bail to Sessy Xavier, who is alleged to have practised as an advocate for two years without completing her law studies.
Justice Shircy V said there is a strong case against the applicant and that the investigating agency is expected to go deep into the offences committed by her in addition to the offences she is already booked for. To do so, custodial interrogation is inevitable, the court held. The court also said chances of her absconding if granted bail cannot be ruled out.
Though her counsel submitted that she is a young lady and is immature, the court said those are not justifiable reasons and that law applies to everyone equally.
.png?w=600)
