Kerala High Court sentences temple oracle to life imprisonment for rape of girl

The Kerala High Court recently expressed its abject abhorrence at instances of priests molesting women and children by taking advantage of them at vulnerable stages in life. (Madhu v. State of Kerala and Ors.).A Division Bench of Justices K Vinod Chandran and Ziyad Rahman AA ordered life imprisonment for a priest who had appealed his conviction of rape under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Sections 371(6) and 376(2) of the Indian Penal Code..The Court began the judgement by recording its observation that abandoned women and children often fall victim to predators who are sometimes, as is in this case, priests"When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned woman, but also the helpless children. In this case we have a 'poojari'/'komaram' (priest/oracle in a temple) taking the abandoned woman and the three children under his wing, only to repeatedly molest the elder girl child, that too in the presence of her siblings. We wonder which God would accept the obeisance and offerings of such a priest or make him a medium?".Which God would accept the obeisance and offerings of such a priest or make him a medium?"Kerala High Court.Since the age of the survivor was not established, the priest was acquitted of charges under POCSO Act. But because the accused was a guardian to the survivor, he was convicted to life imprisonment under Section 376(1) IPC"Considering the special relationship the accused had with the victim and the status of a guardian, we are of the opinion that the maximum sentence of life imprisonment would have to be imposed on the appellant. We hence partly allow the appeal, acquitting him of the charges under the POCSO Act and under Section 376(2) IPC; but convict him under Section 376(1) IPC and sentence him with life imprisonment".The Court issued the order in the appeal filed by the accused priest whose actions came to light after child-line personnel, found the child survivor, her two siblings, the son of the accused and her visibly mentally ill mother on the streets..In a statement given by the survivor, she spoke of repeated sexual acts forced on her in detail- the drunk accused stifling her cries, tearing off her clothes and repeatedly raping her as her siblings had to cower in fear. She also testified that the accused had repeatedly threatened to kill her if she ever divulged the horrors she was subjected to. .Due to the mental state of the mother, she was not examined by the prosecution in Court. However, on this aspect, the court sympathised with the plight of the mother and said, "The mental state of the mother, a shame on society, is quite understandable from the stress of having been abandoned, with three children and no means of food or shelter; for which alone the children were subjected to physical, mental and sexual torture. No mother can remain sane in the said circumstances."It also opined that the evidence and testimony were sufficient proof of the crimes committed."We also do not find any reason to fault the prosecution for having not examined the mother in Court; grossly unnecessary in the teeth of the evidence. The graphic description of the survivor is fully corroborated by her brother, who unfortunately witnessed rape on his sister, that too repeatedly and by their guardian," the order stated. .Advocate KM Firoz , appearing for the appellant, based his arguments primarily on the ground that there was a misjoinder of charges. He argued that the incident on which the first charge was levelled occurred prior to the enactment of the POCSO Act and therefore required a committal proceeding under the Code of Criminal Procedure (CrPC). He also pointed out that clubbing of the charges has resulted in grave prejudice to the accused, since the POCSO Act by Sections 29 and 30 raises a presumption against the accused. Moreover, he alleged that the age of the victim was not proved conclusively by the prosecution..However, the Court found that absence of committal proceedings as against the offence alleged cannot be sustained. "When the offences, which arise from the very same act, are tried together and the age of the victim is not proved, it is not as if the offence under the IPC charged against the accused would fall to the ground since no committal proceedings have been carried out under the CrPC," the Court held. .It also found no merit in the contention that the clubbing of charges caused any prejudice. "The POCSO Act enables such other offences to be tried without committal proceedings if it is to be tried in the same trial. The grounds of prejudice urged fails also for the reason that it is merely imaginary. We reject it at the outset on the above reasoning and also on the appellant having merely 'cried foul' without the particular prejudice caused or the specific failure of justice, having been stated or substantiated," the Court said. .Moreover, the Court observed that when taking cognisance of a charge under the POCSO Act, the designated special court is empowered to try any offence charged at the same trial. .Upon examining the case on merit, the Court found that the evidence, including medical reports, establish that the child survivor was subjected to repeated rape by the accused, that too of the penetrative kind..The Court also made special note of the strong testimony given by the survivor saying, "She not only withstood searching cross examination but resisted the suggestions with an uncanny resilience; probably arising only out of the abject ravage her body was subjected to".As the victim's age was not proven conclusively, the Court partly allowed the appeal by setting aside the appellant's conviction under the POCSO Act and Section 376(2) IPC. However, since the offence of rape was proved, the accused was convicted under Section 376(1) IPC and the maximum sentence of life imprisonment was imposed on him. .[Read Judgement]