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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN, P. V. BALAKRISHNAN, JJ
Saji S/o Viswambaran – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. victim's testimony and background (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. defense arguments on charge defects (Para 12) |
| 3. prosecution's rebuttal (Para 13) |
| 4. evaluation of victim's evidence (Para 14 , 15 , 16) |
| 5. reliability of child witness (Para 17 , 18 , 19 , 20 , 21) |
| 6. conviction and sentencing (Para 22 , 23) |
JUDGMENT :
1. Accused Nos.1 and 2 in S.C.No.190/2015 on the files of Additional Sessions Court for the trial of cases relating to Atrocities and Sexual Offences against Women and Children, Thiruvananthapuram, have filed Criminal Appeal No.416/2019 and Criminal Appeal No.1161/2018 respectively challenging the conviction and sentence imposed by that court under Section 3 76(2)(i) IPC , and Section 3 r/w. Section 4 and Section 6 r/w. Section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) upon the 1st accused and under Section 376(2)(i) IPC upon the 2nd accused.
2. The 1st accused, who is none other than the father of the victim aged 11 years, committed rape and aggravated penetrative sexual assault upon her several times, while staying in their house at Uliyazhthura village. It is alleg
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
A conviction for sexual assault can rely solely on the victim's testimony if credible, without needing corroboration unless compelling reasons exist.
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
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 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 conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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