IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRL.A.No.1357 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.399/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.43/2017 OF Walayar Police Station , Palakkad APPELLANT/COMPLAINANT: STATE OF KERALA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SPECIAL PUBLIC PROSECUTOR SRI.NICHOLAS JOSEPH BY SENIOR PUBLIC PROSECTOR SRI S.U.NAZAR RESPONDENT/ACCUSED: MADHU @ KUTTI MADHU,S/O MANIKANDAN, AGED 26 YEARS, PALLIKKAD HOUSE, ATTAPALLAM , PAMPAMPALLAM P.O, PUTHUSSERY EAST VILLAGE, PALAKKAD, PIN- 678 621 BY ADV. SHRI.JOHNSON VARIKKAPPALLIL THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1359/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRA(V).No.33 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.399/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.43/2017 OF Walayar Police Station , Palakkad APPELLANT/PW4: XXX BY ADVS.SRI.JOHN S.RALPH, SRI.V.JOHN THOMAS, SRI.VISHNU CHANDRAN, KUM. KEERTHANA SUDEV, SRI.APPU BABU, SMT.SHIFNA MUHAMMED SHUKKUR RESPONDENTS/DE-JURE COMPLAINANT & ACCUSED: 1 STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, PALAKKAD (NOTICE TO WHOM IS SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). 2 MADHU @ KUTTI MADHU,AGED 26 YEARS S/O.MANIKANDAN, RESIDING AT PALLIKKADU, ATTAPALLAM P.O., PAMPAMPALLAM, PUDUSSERY EAST, PALAKKAD- 678 621. R2 BY ADV. SRI.JOHNSON VARIKKAPPALLIL R1 BY SRI.NICHOLAS JOSEPH, SPECIAL PUBLIC PROSECUTOR (CRIMINAL) & SENIOR PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRL.A BY DEFACTO COMPLAINANT/VICTIM HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRL.A.No.1359 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.400/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.240/2017 OF Walayar Police Station , Palakkad APPELLANT/COMPLAINANT: STATE OF KERALA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SPECIAL PUBLIC PROSECUTOR SRI.NICHOLAS JOSEPH BY SENIOR PUBLIC PROSECTOR SRI S.U.NAZAR RESPONDENT/ACCUSED: MADHU @ VALIYA MADHU,S/O.VELLAPPAN, AGED 28 YEARS,KALLANKADU, ATTAPALLAM, PAMPAMPALLAM P.O., PUDUSSERY EAST VILLAGE, PALAKKAD, PIN-678 621. BY ADV. SRI.JOHNSON VARIKKAPPALLIL THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRA(V).No.32 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.400/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.240/2017 OF Walayar Police Station , Palakkad APPELLANT/PW4: XXX BY ADVS. SRI.JOHN S. RALPH, SRI.V.JOHN THOMAS SHRI.VISHNU CHANDRAN KUM. KEERTHANA SUDEV SHRI.APPU BABU AND SMT.SHIFNA MUHAMMED SHUKKUR RESPONDENTS/DE-JURE COMPLAINANT & ACCUSED: 1 STATE OF KERALA REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, PALAKKAD (NOTICE TO WHOM IS SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031) 2 MADHU @ VALIYA MADHU, AGED 30 YEARS, S/O.VELAPPAN, RESIDING AT KALLANKADU, ATTAPALLAM, P.O.PAMPAMPALLAM, PUDUSSERY EAST, PALAKKAD-678 621 R2 BY ADV. SHRI.JOHNSON VARIKKAPPALLIL R1 BY SRI.NICHOLAS JOSEPH, SPECIAL PUBLIC PROSECUTOR (CRIMINAL) & SENIOR PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRL.A BY DEFACTO COMPLAINANT/VICTIM HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRL.A.No.1360 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.396/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.43/2017 OF Walayar Police Station , Palakkad APPELLANT/COMPLAINANT: STATE OF KERALA, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SPECIAL PUBLIC PROSECUTOR SRI.NICHOLAS JOSEPH BY SENIOR PUBLIC PROSECTOR SRI S.U.NAZAR RESPONDENT/ACCUSED: MADHU @ VALIYA MADHU,S/O.VELLAPPAN, AGED 28 YEARS,KALLANKADU, ATTAPALLAM, PAMPAMPALLAM P.O., PUDUSSERY EAST VILLAGE, PALAKKAD, PIN-678 621. BY ADV. SRI.JOHNSON VARIKKAPPALLIL THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRA(V).No.31 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.396/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.43/2017 OF Walayar Police Station , Palakkad APPELLANT/PW4: XXX BY ADVS. SRI.JOHN S. RALPH, SRI.V.JOHN THOMAS SHRI.VISHNU CHANDRAN, KUM.KEERTHANA SUDEV, SHRI.APPU BABU AND SMT.SHIFNA MUHAMMED SHUKKUR RESPONDENTS/DE-JURE COMPLAINANT & ACCUSED: 1 STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, PALAKKAD (NOTICE TO WHOM IS SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) 2 MADHU @ VALIYA MADHU, AGED 30 YEARS, S/O VELAPPAN,RESIDING AT KALLANKADU, ATTAPALLAM,P.O.PAMPAMPALLAM, PUDUSSERY EAST,PALAKKAD-678 621 R1 BY SRI.NICHOLAS JOSEPH, SPECIAL PUBLIC PROSECUTOR (CRIMINAL) & SENIOR PUBLIC PROSECUTOR SRI.S.U.NAZAR R2 BY ADV. SHRI.JOHNSON VARIKKAPPALLIL THIS CRL.A BY DEFACTO COMPLAINANT/VICTIM HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRL.A.No.1363 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.397/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.43/2017 OF Walayar Police Station , Palakkad APPELLANT/COMPLAINANT: STATE OF KERALA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SPECIAL PUBLIC PROSECUTOR SRI.NICHOLAS JOSEPH BY SENIOR PUBLIC PROSECTOR SRI S.U.NAZAR RESPONDENT/ACCUSED: SHIBU, S/O.NARAYANAN, AGED 45 YEARS, NALUTHAIKKAL HOUSE, VALIYAMULLAKKANAM, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI, NOW RESIDING AT C/O.SHAJI & BHAGYAVATHY, SELVAPURAM, ATTAPALLAM, PAMPAMPALLAM P.O., PALAKKAD, PIN-678 621. BY ADV. SRI.P.G.JAYASHANKAR(STATE BRIEF) THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRA(V).No.34 OF 2019 AGAINST THE JUDGMENT DATED 25.10.2019 IN SC NO.397/2017 OF I ADDITIONAL SESSIONS COURT (SPECIAL COURT UNDER POCSO ACT), PALAKKAD CRIME NO.43/2017 OF Walayar Police Station , Palakkad APPELLANT/PW5: XXXX BY ADVS. SRI.JOHN S.RALPH, SRI.V.JOHN THOMAS, SHRI.VISHNU CHANDRAN, KUM.KEERTHANA SUDEV, SHRI.APPU BABU & SMT.SHIFNA MUHAMMED SHUKKUR RESPONDENTS/DE-JURE COMPLAINANT & ACCUSED: 1 STATE OF KERALA REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE,NARCOTIC CELL,PALAKKAD(NOTICE TO WHOM IS SERVED ON THE PUBLIC PROSECUTOR), HIGH COURT OF KERALA,ERNAKULAM). 2 SHIBU,AGED 45 YEARS, S/O.NARAYANAN,NALUTHAIKKAL HOUSE, VALIYAMULLAKKANAM,RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK,IDUKKI.NOW RESIDING AT C/O.SHAJI & BHAGYAVATHY,SELVAPURAM, ATTAPALLAM,P.O.PAMPAMPALLAM,PALAKKAD-678621. R2 BY ADV. P.G JAYASHANKAR STATE BRIEF R1 BY SRI.NICHOLAS JOSEPH, SPECIAL PUBLIC PROSECUTOR (CRIMINAL) & SENIOR PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRL.A BY DEFACTO COMPLAINANT/VICTIM HAVING BEEN FINALLY HEARD ON 13-11-2020, ALONG WITH CRL.A.NO.1357/2019 AND CONNECTED CASES, THE COURT ON 06.01.2021 DELIVERED THE FOLLOWING: Crl.Appeal No.1357 of 2019 & Crl.Appeal (V) No.33 of 2019 & connected cases 9 C.R.