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RAJA VIJAYARAGHAVAN V, P. V. BALAKRISHNAN
..... – Appellant
Versus
State of Kerala – Respondent
.JUDGMENT
P.V.BALAKRISHNAN, J
This appeal is filed by the sole accused in SC No.170/2017, challenging his conviction under Sections 452 , 376(2)(f),(n)&(i) and 506(ii) of IPC and Sections 5(l)&(n) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and sentence imposed under the afore IPC provisions by the Special Court for trial of offences under POCSO Act and Children’s Court, Kalpetta.
2. The prosecution case is that on 5/3/2017 at about 10.15 pm, the accused, who is a close relative of the victim (PW2) aged 15 years, criminally trespassed into her house situated in Oorukandy Paniya Colony and took her to a shed nearby and committed rape/aggravated penetrative sexual assault upon her. Thereafter, on 15/3/2017 at about 12 am, inside the house of the accused situated in Mundavara, the accused after threatening and intimidating her, again committed rape/aggravated sexual assault upon her.
3. In the trial court, from the side of the prosecution, PW1 to PW16 were examined and Exhibits P1 to P24 documents and MO1 and MO2 were marked. On examination under Section 313 Cr.P.C., the accused denied all the incriminating circumstances ap
A conviction for sexual assault can rely solely on the victim's testimony if credible, without needing corroboration unless compelling reasons exist.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
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....
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....
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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.
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