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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOBIN SEBASTIAN, JJ
Babu S/o Geroge – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. charges framed under ipc and pocso (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. defense challenges victim's reliability (Para 13) |
| 3. court discusses dna evidence (Para 14 , 15) |
| 4. court accepts dna evidence (Para 16 , 17) |
JUDGMENT :
P.B. Suresh Kumar, J.
The sole accused in S.C.No.268 of 2019 on the files of the Court of Session, Kottayam Division, is the appellant in the appeal. He stands convicted and sentenced for having committed rape and penetrative sexual assault on his mentally retarded minor child.
2. The accused in the case is the biological father of the victim. The mother of the victim passed away during the early childhood of the victim. Thereafter, the victim was residing with the accused. Although the victim has an elder brother, he was not staying with them. During October 2018, when the victim was taken to the hospital due to a fever, the doctor after examining her found that she was pregnant. Accordingly, the matter was informed to the police. The statement of the victim was recorded thereupon on 03.10.2018 by a Women Police Officer attached to Velloor Police Station, Kottayam and a case was registered based on the said statement. In the statement
DNA evidence is reliable and can corroborate victim testimony, even with inconsistencies, particularly in cases involving vulnerable victims.
The court affirmed that the victim's testimony, corroborated by DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the need for sensitivity in evaluating such evidence.
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
The prosecution must prove charges beyond reasonable doubt, and evidence from vulnerable witnesses requires corroboration to ensure reliability.
The judgment underscores the importance of DNA evidence in sexual assault cases, especially involving vulnerable victims, and affirms the legal protections against such heinous crimes.
The main legal point established in the judgment is the reliance on the victim's unshaken testimony, the presumption of guilt under Section 29 of the POCSO Act, and the impact of the amendment to Sec....
The victim's testimony suffices for conviction in sexual assault cases, affirming the importance of credible evidence despite procedural flaws in investigation.
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.
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