IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA
Jijimon & Jiji S/O Thomas – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
C.S. SUDHA, J.
1. In this appeal filed under Section 374 Cr.P.C. the appellant who is the accused in S.C. No. 27/2012 on the file of the Court of Session, Kottayam, challenges the conviction entered and sentence passed against him for the offence punishable under Section 354 IPC.
2. The prosecution case is as follows:
Jose @ Kolli Jose v. State of Kerala
Kinarullaparambath Adbul Azeez v. Valiyaparambath Vasu
The court clarified that a magistrate's court retains jurisdiction to try offences under IPC Section 354 even after the establishment of a Children's Court, and prior testimonies can be admitted unde....
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
The court confirmed the conviction for sexual assault on a minor, emphasizing victim testimony's validity despite minor discrepancies; age precludes capacity for consent.
Uncorroborated testimonies from child witnesses are insufficient for conviction; careful scrutiny and corroboration are required to uphold the integrity of justice in sexual offences.
The burden of proof lies on the prosecution to establish the guilt of the accused beyond reasonable doubt.
The prosecution must prove the case beyond reasonable doubt, and the evidence must fulfill the requirements of the relevant sections of the Indian Penal Code.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
“Justice must not only be done, but must also be seen to be done”.
The central legal point established in the judgment is the requirement to prove the victim's age and establish guilt beyond reasonable doubt in cases of alleged kidnapping and rape.
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