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The Kerala Excessive Court docket on Wednesday lowered to 10 years, the 20 yr jail time period awarded by a decrease court docket to a defrocked priest convicted within the Kottiyoor rape case. Justice R Narayana Pisharadi upheld the conviction of the defrocked priest — Robin Mathew Vadakkumcherry — for rape underneath the Indian Penal Code and numerous provisions of the Safety of Youngsters from Sexual Offences (POCSO) Act.
Advocate Ambika Devi S, the particular authorities pleader (Atrocities towards Girls and Youngsters), confirmed the order. She additionally stated that the prosecution was in a position to show the sufferer was a minor at the moment of the incident — in 2016 — and due to this fact, any alleged consent by the sufferer was immaterial.
The detailed order is but to be made obtainable. The trial court docket had in 2019 awarded 20 years imprisonment to Vadakkumcherry, in custody since 2017, and he had appealed towards the identical.
The rape survivor had moved the Supreme court docket this yr in search of permission to marry her assaulter, however the apex court docket had dismissed the plea. The highest court docket had additionally dismissed a separate plea of the defrocked priest in search of bail on the bottom that he wished to marry the survivor, who was a minor on the time of rape had given start to a toddler.
The apex court docket had informed the sufferer that she might knock on the door of trial court docket together with her plea to marry the previous priest. Vadakkumcherry, who had initially tried to border the lady’s organic father, was discovered responsible by a POCSO court docket in 2019 regardless of the sufferer turning hostile and claiming that that they had a consensual relationship.
On February 16, the Kerala Excessive Court docket dismissed the plea of the previous priest in search of bail to marry the survivor saying that it has no benefit. The excessive court docket had stated in its order that the trial court docket’s discovering that the survivor was a minor on the time of rape continues to be in power and an enchantment towards the conviction of the accused continues to be pending earlier than it.
It had stated that permitting the events to get married whereas the trial court docket’s discovering is undamaged would imply granting judicial approval to the wedding. On July 13, 2018, the highest court docket had termed as “very critical” the fees in Kottiyoor rape case involving the minor and the then Catholic priest.
It had refused to remain the trial of the case. Moreover Vadakkumcherry, police had then booked two medical doctors and a hospital administrator underneath the provisions of POCSO Act for allegedly protecting up the crime, not reporting it to the police after that they had are available contact with the minor rape sufferer and destroying of evidences.
The sufferer had given start to the kid at their hospital and was underneath their care.
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