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C. S. DIAS
ARAVIND S/O SUBRAMANIAN – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. These applications highlight the plight of the so-called predators in the present crimes, who have become the actual victims of an orchestrated act of retribution by the so-called victim, and it demonstrates the perilous consequences that can arise due to the false accusations made by a victim.
2. The two cousin brothers of the victim, who endeavoured to intervene in her love affair and have been incarcerated for the past two months, seek to get themselves enlarged on bail.
3. B.A No. 5425 of 2024 is filed by the accused in crime No. 451 of 2024, which is registered against him by the Thadiyittaparamba Police Station, Ernakulam, for allegedly committing the offences punishable under Sections 354 and 376(2)(f) of the Indian Penal Code, 1860 (‘IPC’, in short,) and Sections 3(b) r/w 4(1), 5(n) r/w 6, 9(n) r/w 10 of the Protection of Children from Sexual Offences Act (‘POCSO Act’ for brevity).
4. B.A No. 5168 of 2024 is filed by the accused in crime No. 452 of 2024 of the same Police Station, which is registered against him for allegedly committing the offences punishable under Sections 376(2)(f), 376(3), 509 and 451 of the IPC and Sections 3(a) r/w 4(2), 5(l) r/w 6(1), 11(i) r/
The court emphasized that failure to support the prosecution does not equate to false testimony, protecting victims from unjust accusations.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The High Court holds inherent power to prevent abuse of process in cases involving children. Whilst prioritizing child protection, the court must ensure that the justice system does not become an ins....
Giving false evidence before the court is not covered under section 22(2) of the POCSO Act, and the circumstances of the case determine the entitlement to anticipatory bail.
Lack of evidence against the accused in POCSO and BNSS cases can lead to quashing charges, particularly when involved parties affirm consent and lack allegations of misconduct.
Conviction under POCSO Act requires credible evidence; inconsistencies in victim's testimony and lack of medical corroboration lead to acquittal.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The court ruled that allegations under the POCSO Act were used by a parent to manipulate judicial proceedings, emphasizing the protective role of the law against abuse in custody disputes.
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