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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOBIN SEBASTIAN, JJ
Sanil. K. James S/o. James K. John – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. details of the victim's evidence (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. assessment of victim's testimony (Para 13 , 14 , 15 , 16 , 17) |
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 a
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.
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....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
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.
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