RAJA VIJAYARAGHAVAN V, G. GIRISH
Shaji M. S/o. Kunhikandan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
G.Girish, J.
The unusual act of a girl studying in VIIIth standard weeping without any reasons while the classes were going on, caught the attention of the class teacher. She took her to the school office and enquired about the reason. The girl made a stunning revelation of the sordid episode of sexual exploitation perpetrated upon her by none other than her father right from the period when she was studying in class IV. The class teacher and the headmaster of the school sought the assistance of the School Counsellor who interacted with the girl and found that she was abused right from her childhood by her father. Her mother was called to the school and informed about the most unfortunate revelation which an adolescent girl could make about her biological procreator. It was only then that the mother of that unfortunate girl came to know about the most wretched acts, which even animals abhor to do, perpetrated by her husband upon that little child. The matter was intimated to the Police. A Woman Sub Inspector from the Women Cell of Kozhikode City Police came to the school and recorded the statement of that girl in the presence of her mother.
2. The girl revealed to that Woma
Dildar Singh v. State of Punjab (2006) 10 SCC 531
Ganesan v. State (2020) 10 SCC 573
Jarnail Singh v. State of Haryana (2013) 7 SCC 263
Maju @ Manu v. State of Kerala 2020 3 KHC 22
Sham Singh v. State of Haryana (2018) 18 SCC 34
State (NCT of Delhi) v. Pankaj Choudhary (2019) 11 SCC 575
State of H.P v. Sanjay Kumar (2017) 2 SCC 51
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
The Court established that a victim's testimony can suffice for conviction in rape cases, even without medical corroboration, provided it is credible.
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
Rape conviction quashed due to unreliable victim testimony with inconsistencies and improvements, manipulated age records doubting minority, absent medical evidence despite multiple claims, unexplain....
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