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SATHI KUMAR SUKUMARA KURUP
Sarath Kumar – Appellant
Versus
State Rep by the Inspector of Police – Respondent
JUDGMENT
Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, praying to call for the entire records and set aside the judgment dated 31.05.2017 passed in Special C.C.No.50 of 2015, on the file of the learned Sessions Judge, Fast Track Mahila Court, Namakkal.
2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:-
2.1. As per the prosecution case, the elder brother of the victim with his wife and children, the victim and her younger sister are residing in a hut in the premises of the bricklin where the elder brother of the victim and the sister-in-law of the victim are engaged as daily wage labourers in the bricklin. The Accused is also residing in a hut within the same premises. The victim was a student of 8th Standard studying in the School nearer to the bricklin within the local limits of Vennanthur Police Station within the territorial jurisdiction of learned Judicial Magistrate, Rasipuram.
2.2. As per the complaint lodged by the elder brother of the victim, the Accused is residing in a hut along with his family. The Accused is the son of Varadharaj, a labourer, like the elder brother of the victim working in th
Sexual assault on girl child – Conviction on sole testimony of victim if found reliable trustworthy conviction has to be confirmed – Consent is not applicable where victim is a child.
The court confirmed the conviction for sexual assault on a minor, emphasizing victim testimony's validity despite minor discrepancies; age precludes capacity for consent.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The court affirmed that intoxication negates consent in cases of sexual assault against minors, emphasizing the importance of corroborative evidence in establishing the accused's guilt.
The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
Credible victim testimony, corroborated by medical evidence and witness statements, can establish guilt. Consecutive life sentences can be awarded for multiple offences.
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