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Special Judge Saleena VG Nair convicted a temple priest for rape, sexual assault, and criminal intimidation to his thirteen-year-old stepdaughter for more than a year and sentenced to life imprisonment.
The accused priest was the stepfather of the minor girl. He was found guilty of harassing the victim and threatening to get her mother arrested and put in jail if she were to tell her mother about his heinous acts. However, according to the prosecution, the girl told her mother about the sexual torment she was facing but her mother chose to swipe the situation under a rug and told the victim that the acts were justified as the accused was her father.
The victim chose to file an FIR and take the case to court with the aid of her aunt and a relative.
He was charged under Sections 376 (2) (f), 376 (2) (i), 376 (2) (k), 376 (2) (n), 377, and 506 (1) of the Indian Penal Code of 1860 and 5 (h) read with 6, 5 (i) read with 6, 5 (h) read with 6 and 5 (l) read with 6 of the POCSO Act (Protection of Children from Sexual Offences Act) of 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 by the Fast-Track Court in Haripad, Alappuzha District, Kerala.s
The age of the victim (PW1) was determined by the provisions of Section 94 of the Juvenile Justice Act. Under this section, the birth certificate issued by the school, or the matriculation or equivalent certificate from the concerned examination Board is given the first preference. In its absence, the preference is given to the birth certificate issued by the local authorities such as the municipal corporation or the panchayat, and if it is not available either then the age of the person is determined by an ossification test where the age determined by the bone structure and is conducted on the orders of the committee of the board.
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