IMPORTANT POINT
The court reaffirmed that the sole testimony of a survivor can be sufficient for conviction in sexual assault cases, provided it is credible, and emphasized the necessity of adhering to statutory definitions and evidentiary standards in cases involving minors.

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 Woman Police Officer that her father used to indulge in sexual acts with her right from the period when she was studying in IVth standard, when she was not even able to understand what he was doing upon her. Her father is said to have resorted to the above treacherous acts during the time when her mother went out for work, after keeping her younger sister away. While she reached the VIth standard, her father is said to have utilized her fully for satiating his carnal desires. When she told him that she would inform this to her mother, her father is said to have threatened that he would do away with her mother and sister, if she told the same to her mother. It is also stated that whenever she resisted the above acts of her father, he tried to smother her by thrusting pillow upon her face and getting hold of her neck. The girl further stated that her father indulged in sexual acts with her from the front as well as from the back, and that he used to lick all over her body. She also stated that at the time of commission of the above sordid acts he used to bite her lips and breasts. According to her, the aforesaid excruciating memories, which cropped upon her mind, was the reason why she wept out in the classroom.

3. On the basis of the above statement of that little girl, the Feroke Police registered Crime No.496/2014 against the accused who is the appellant herein. He was arrested and remanded to judicial custody. The statement of the survivor girl was recorded by a lady Magistrate. The girl was subjected to medical examination, which revealed that her hymen was ruptured at 4’O clock position. The Investigating Officer took the accused in Police custody and subjected him to potency test, which revealed that there was nothing that prevented him from indulging in sexual intercourse. After the completion of the investigation, the Inspector of Police, Cheruvannoor, who was the Investigating Officer, laid the final report before the Sessions Court (Special Court), Kozhikode, in respect of the offences under Section 376 of the Indian Penal Code and Sections 3(a)(d) read with Section 4, and Section 5(l)(m)(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’ Act). The learned Sessions Judge took cognizance of the offence and issued a process against the accused. The case was later on made over to the Additional Sessions Court-I, Kozhikode, which was designated as Children’s Court.

4. The learned Additional Sessions Judge-I, Kozhikode, who presided over the Children's Court, after hearing the learned Public Prosecutor and the learned counsel for the accused/appellant, framed charge in respect of the offences under Sections 376 and 377 of the Indian Penal Code, and Sections 3(a)(d) read with Section 4, and Section 5(l