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RAJA VIJAYARAGHAVAN V., JOBIN SEBASTIAN
CHRISTOPHER S/O JOSE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
1. These appeals have been preferred by the accused Nos. 1 to 4 in S.C. No. 22 of 2019 on the file of the Additional Sessions Judge (For the Trial of Cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam. They were charged for having committed offences punishable under Sections 120B, 366 r/w. Section 34, 366A, 376(2)(n), 376D of the IPC and Section 5(l) r/w. Section 6, 5(g) r/w. Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. By the impugned judgment:
(B) the accused Nos. 1 and 2 were found guilty and were sentenced to undergo rigorous imprisonment for a period of 5 years each and to pay a fine of Rs.10,000/- each under Section 366 r/w. Section 34 of the IPC with a default clause.
(C) Accused
The conviction for gang rape was overturned due to significant doubts regarding the survivor's credibility and serious investigative flaws, emphasizing the need for reliable evidence in sexual assaul....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The conviction of a defendant for sexual offences against a minor can be upheld based on the credible testimony of the victim even in the presence of minor inconsistencies in her statements.
The prosecution evidence must prove the charge beyond reasonable doubt, and the unreliability of the victim's testimony requires corroboration from independent evidence in cases of sexual offences.
The testimony of a child victim under the POCSO Act, if credible, does not require corroboration for conviction, and minor discrepancies should not undermine a reliable prosecution case.
The testimony of the victim, classified as a sterling witness, suffices for conviction under sexual offense laws, emphasizing reliability over corroboration unless compelling evidence undermines her ....
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of corroborated testimony and medical evidence.
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