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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOHNSON JOHN
Silvester Pigaruz – Appellant
Versus
Kerala State – Respondent
JUDGMENT :
P.B. Suresh Kumar, J.
The appellant in Criminal Appeal No.160 of 2017 is the first accused and the appellant in Criminal Appeal No.1321 of 2016 is the second accused in S.C.No.203 of 2016 on the files of the Additional Sessions Court, Ernakulam (Special Court for the trial of cases relating to Atrocities and Sexual Violence against Women and Children). Among them, the appellant in Criminal Appeal No.160 of 2017 stands convicted for the offences punishable under Sections 375(a) read with Section 376(2)(i) and (n) and 375(b) read with Section 376(2)(i) of the Indian Penal Code (IPC). He also stands convicted for the offences punishable under Sections 3(a) and 3(b) read with Section 4, Section 5(l) read with Section 6, Section 9(l) read with Section 10 and Section 11(i) and 11(ii) read with Section 12 of the Protection of Children from Sexual Offences Act (POCSO Act). The appellant in Criminal Appeal No.1321 of 2016 stands convicted for offence punishable under Section 212 IPC. The appellants were also sentenced for the said offences except for the offences found to have been committed by the first accused under Sections 3(a) and 3(b) read with Section 4 and Section 5(l) read
The court upheld the conviction of the first accused for sexual offenses against a minor based on credible victim testimony, while acquitting the second accused due to insufficient evidence of knowle....
Credible victim testimony can be sufficient for conviction in sexual assault cases, and valid documentation, such as birth records, is critical for determining age under the POCSO Act.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The evidence of a rape victim can be the sole basis for conviction if it is consistent and corroborated, emphasizing the importance of reliable testimony in sexual assault cases.
A victim's testimony, if credible and corroborated, can be sufficient for conviction, highlighting the judicial approach towards sexual assault cases involving minors.
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
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