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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 :
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.
3. The Court of Session framed charges against the accused under Sections 376(2)(f), 376(2)(j), 376(2)(k), 376(2)(l) and 376(2)(n) of the Indian Penal Code ( IPC ) and Sections 5(j)(ii), 5(k), 5(n) and 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The accused pleaded not guilty. The evidence let in by the prosecution thereupon consists of the oral evidence of 18 witnesses examined as PWs 1 to 18 and Exts.P1 to P19 documents proved through them. Exts.D1 and D2 are the previous statements of the witnesses proved at the instance of the accused. MO1 series are the material objects identified by the witnesses. Thereupon, after complyin
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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