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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA, J
Vijayan S/o.raghavan – Appellant
Versus
Station House Officer, Thamarassery Police – Respondent
JUDGMENT :
(C.S. SUDHA, J.)
In this jail appeal filed under Section 383 Cr.P.C., the appellant, the sole accused, in S.C.No.319/2015 on the file of the Special Court for Trial of Cases Relating to Atrocities and Sexual Violence Towards Women and Children, Kozhikode, challenges the conviction entered and sentence passed against him for the offences punishable under Section 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2013 (the PoCSO Act) and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act).
2. The prosecution case is that on 19/01/2015 at 16:30 hours, while PW2, a minor girl aged 8 years, was on her way to the house of PW3, for giving sweets to the daughter of the latter, the accused lifted her and sexually assaulted her by touching her private parts by inserting his fingers into her inner-wear from either side, that is, from the back as well as front, and thereafter pasted a sticky fluid on her leg. The accused sexually assaulted PW2 knowing fully well that she was a member of the Scheduled Caste community. Thus as per the final report, the accused is alleged to have committed the of
The court upheld the conviction for sexual assault under the PoCSO Act and SC/ST Act, affirming that the evidence was sufficient and the delay in reporting was adequately explained.
The prosecution must establish that an offence under the SC/ST (POA) Act was committed specifically because the victim belongs to a Scheduled Caste, and the accused must have actual control over a ju....
The conviction under the SC/ST(POA) Act requires proof that the offence was motivated by the victim's caste, which was not established in this case.
The accused's conviction under the SC/ST Act was overturned due to insufficient evidence of his awareness of the victim's caste, asserting that such knowledge is essential for liability under Section....
Prosecution must establish the accused is not a member of SC/ST to prove an offence under the SC/ST Act; absence of such evidence voids the conviction under the Act.
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
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