Kochi, Sep 17 The Kerala High Court has upheld the conviction and life term given to a former state government employee held guilty of raping a schoolgirl over a period of 45 days at various places in Keralam and Tamil Nadu in 2009.
A bench of justices Raja Vijayaraghavan V and K V Jayakumar observed that the 14-and-a-half year old girl was kidnapped, taken to numerous places in Keralam and Tamil Nadu, and was subjected to penetrative sexual assault for a prolonged period of about 45 days by the then 36-year-old accused, an employee of the Irrigation Department.
The bench said that the accused kidnapped the minor girl under the pretext that if she attended certain prayers at a certain church, she would get blessings from God and thereby would be able to secure high marks in the 10th standard examination.
"The appellant (accused) took her to numerous places, abused her sexually against her will by applying force and putting the victim in fear of causing hurt.
"On a careful consideration of the facts and circumstances and evidence of this case, we feel that the appellant deserves no leniency in the award of sentence," the High Court said, dismissing the accused's appeal against his conviction and sentence.
The accused had claimed that he was falsely implicated and the girl accompanied him of her own free will.
The prosecution contended that she was kidnapped under false pretenses and then sexually assaulted at various places by threatening to hurt her.
Rejecting the accused's claims, the bench said the prosecution had succeeded in proving the charge against the appellant beyond a reasonable doubt.
"The version of the victim can be classified as of sterling quality, wholly reliable, natural and truthful. Her version is also corroborated by the medical evidence.
"The defence story of false implication is highly improbable. The Sessions Judge, after a meticulous scrutiny of evidence, both oral and documentary, has arrived at a proper conclusion. The appeal is devoid of any merit and liable to be dismissed," the High Court said.
