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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE RAJA VIJAYARAGHAVAN, MR.JUSTICE P. V. BALAKRISHNAN, JJ
Muhammed Kunju S/o Yusu Kunju – Appellant
Versus
Inspector Of Police – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
1. The above appeal is directed against the judgment dated 29.11.2018 in S.C. No.652 of 2013 on the file of the Additional Sessions Court-I, Alappuzha (Special Court for Trial of Offences under POCSO Act & Children’s Court, Alappuzha).
2. In the aforesaid case, the appellant, a 48-year-old male, was charged for having committed the offences punishable under Sections 450 and 376(1) of the Indian Penal Code. By the impugned judgment, the appellant was sentenced to undergo:
a) Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.1,00,000/-, with a default clause for the offence under Section 450 of the IPC.
b) Imprisonment for life and to pay a fine of Rs.3,00,000/- with a default clause for the offence under Section 376(1) of the IPC.
Brief Statement of Facts
3. The prosecution allegation is that the appellant trespassed into the house bearing door No.XII/349, Krishnapuram Grama Panchayat, at about 11:00 a.m. on 05.03.2012 and subjected the survivor to penetrative sexual abuse.
Registration of Crime and Investigation
4. It was based on a statement furnished by the child to the ASI of Police, Kayamkulam Police Station, on 24.03.2012 that Crime No
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
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....
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
The testimony of a sexual assault victim is credible and can support conviction despite minor discrepancies; absence of physical injuries does not negate the reliability of the victim's account.
The court upheld the conviction of the accused for the offence of rape under Sec. 376(2)(f) IPC, emphasizing the reliability of the victim's testimony and the corroboration from medical evidence.
In a case of rape, conviction can be sustained basing on solitary testimony of prosecutrix – No undue leniency can be shown towards accused.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
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