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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J
ABDUL SALAM S/o. MUHAMMED – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
(P.G. AJITHKUMAR, J.)
The accused in S.C.No.436 of 2010 on the files of the Sessions Court, Manjeri is the appellant. He was convicted as per the impugned judgment for an offence punishable under Section 376 of the Indian Penal Code , 1860 (IPC). He was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/-.
2. The prosecution was initiated with the following allegations:
At about 10.00 p.m. on 08.09.2008 the accused committed rape on his daughter, PW1, aged 13 years at the house of his elder brother situated at Edapatta. He repeated committing rape on her at their house having door No.III/35 of Ponmala panchayat. It recurred till the last week of February 2009. Consequently, PW1 became pregnant and delivered a girl child at the Medical College Hospital, Kozhikode on 03.05.2009.
3. On the appellant denying the charge, the prosecution has examined PWs.1 to 7 and proved Exts.P1 toP14. MOs.1 to 4 were identified. When questioned under Section 313(1)(b) of the Code of Criminal Procedure , 1973 (Code), the appellant denied the incriminating circumstances. He filed a statement setting out his defence. He stated that he was unaware ab
The court affirmed that a victim's consistent testimony, corroborated by medical evidence, is sufficient for conviction in sexual assault cases, despite minor inconsistencies.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
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....
Credible testimony of the victim can support a conviction if it is reliable, yet inconsistencies and lack of corroboration undermine allegations of sexual assault, leading to acquittal.
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
A conviction for sexual offences against minors can be based solely on the victim's testimony if it is credible and trustworthy, without the need for corroboration.
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