The evidence of a rape victim can be the sole basis for conviction if it is consistent and corroborated, emphasizing the importance of reliable testimony in sexual assault cases.

JUDGMENT :

P.B.Suresh Kumar, J.

The sole accused in S.C.No.295 of 2015 on the files of the Court of the Additional Sessions Judge-I, Thrissur, is the appellant in the appeal. He stands convicted and sentenced for offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376(2) (i) and (n) of the Indian Penal Code ( IPC ).

2. The victim was a minor girl. Her father passed away a few years prior to the alleged occurrences which are the subject matter of the case. She was residing with her mother, her elder sister and her maternal grandparents. Since the mother of the victim was working during the time of the alleged occurrences as a home nurse, the victim was being taken care of by her maternal grandparents. The accused was a Pastor in the Salvation Army Church near the residence of the victim. The victim and the members of her family used to attend the said church. On 02.02.2015, the victim disclosed to one of her teachers that she is being sexually assaulted by the accused. In the light of the disclosure aforesaid, the teacher produced the victim before the Child Welfare Committee, Thrissur. The Child Welfare Committee took the statement of the victim and forwarded the same to Peechi Police. On the said statement, Peechi Police registered a case and the final report was filed after investigation before the Special Court for trial of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 , alleging that, on various dates between 25.12.2013 and 14.01.2015, the accused committed sexual assaults on the victim.

3. The Special Court framed charges against the accused under Sections 4 and 6 of the POCSO Act, Section 376 of IPC and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 . The accused pleaded not guilty. The prosecution, thereupon, adduced evidence to prove the charges framed against the accused. The evidence consists of the oral testimonies of 16 witnesses examined as PWs 1 to 16 and Exts.P1 to P32 documents proved through the witnesses. After the examination of the witnesses, at the stage of hearing under Section 232 of the Code of Criminal Procedure (the Code), the Special Court for trial of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, transferred the case to the Special Court constituted under the POCSO Act, and the said court concluded the proceedings holding that the accused is guilty of the offences punishable under Sections 4 and 6 of the POCSO Act as also Section 376(2) (i) and (n) of IPC . Accordingly, the accused was convicted and sentenced among others, to undergo imprisonment for life for the offence punishable under Section 376(2) of IPC . But in the light of Section 42 of the POCSO Act, no separate sentence was awarded to the accused for the offences punishable under the POCSO Act since Section 376(2) provides for a punishment which is greater in degree. The accused was acquitted of the charge under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), 1989. The accused is deeply aggrieved by his conviction and sentence in the case, hence this appeal.

4. Heard the learned counsel for the appellant as also the learned Public Prosecutor.

5. The point that falls for consideration is whether the conviction of the appellant and the sentence passed against him, are sustainable in law.

6. The victim gave evidence in the case as PW1. PW1 deposed that she was born on 03.09.2001; that her family belongs to the Christian denomination “Salvation Army Church”; that they used to attend for prayers in the church of the said denomination at Paykkandam; that the appellant was the Pastor attached to the said church; that he was residing with