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On February 16, in the case of the Kottiyoor rape in Kerala, a POCSO court in Thalassery convicted a Catholic Church priest Robin Vadakkumchery for the offence of raping and impregnating a minor girl in the year 2016. The Court sentenced him to 20 years of rigorous imprisonment. The incident occurred when Robin was the vicar of the St.Sebastian church, Kottiyoor in Wayanad district. The impregnated minor victim gave birth to a girl child in February 2017. The child's DNA was the main incriminating evidence against Father Robin. He attempted to escape to Canada and was arrested by police in February 2016 while going to the airport. Due to lack of evidence, the Court has acquitted six others -Thangamma Nelliyani, Wayanad Child Welfare Committee (CWC) Chairman Fr Thomas Joseph Therakam, CWC committee member Sister Betty Jose and Superintendent of an orphanage in Wayanad Sister Ophelia, along with Sister Liss Mariya and Sister Anita — who were accused of covering up the crime.
The apex court last year discharged a gynaecologist, paediatrician and a hospital administrative head who were arrayed and put on trial as accused in the case. The charges against him were that they knew about the crime when the victim was transferred to the hospital where they were working at an advanced stage of pregnancy; but despite the knowledge, they did not report the incident to the police.
So they were accused under Section 19(1) of POCSO. During their release, the SC observed that they did not know that the victim was a minor since the age mentioned in the medical records of the hospital was 18 years. The victim was admitted to the hospital at 9.15 am and immediately underwent labour and at 9.25 am, she gave birth to a child.
Therefore, the appellant no. 1 attended to the victim for the first time between 9:15 am and 9:25 a.m. on February 7, 2017. The victim's medical records indicate that he was 18 years' old as on February 7, 2017. Appellant No. 1 did not know that the victim was a minor when she had sexual intercourse, the SC observed as regards the gynaecologist.
The SC held that the other doctor, who is a paediatrician, did not have an opportunity to examine/treat the victim. The court also stated that, as administrator of the hospital, it was not possible for her to be aware of the details of each patient.
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