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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Ummar S/o Kunheethu – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. conviction based on victim's testimony. (Para 4) |
| 2. arguments regarding animosity and omissions. (Para 5 , 6 , 8) |
| 3. evaluation of evidence and credibility. (Para 7 , 9 , 11 , 12 , 13 , 14) |
| 4. affirmation of conviction and modification of sentence. (Para 18 , 19) |
| 5. conclusion and order from the court. (Para 20 , 21) |
JUDGMENT :
A. BADHARUDEEN, J.
1. The conviction and sentence imposed against the appellant, who is the sole accused in SC No. 154 of 2010 on the files of the Sessions Court, Kalpetta, are under challenge in this appeal at the instance of the accused. The state of Kerala is the respondent.
2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor in detail. Perused the judgment as well as the trial court records.
3. The prosecution case is that, at about 11.00 am on 16.03.2010, the accused wrongfully restrained PW5, the minor daughter of PW1, by tying her to a coffee plant at Manthamkolly in Sulthan Bathery. Further, the accused criminally intimidated the victim with fear of death and also sexually molested her. Accordingly, investigation was initiated, alleging commission of offences punishable under Sections 341, 506(ii) and 51
The court upheld the conviction for attempted rape based on credible victim testimony, despite claims of animosity and omissions in prior statements.
The court affirmed that consent of a minor is irrelevant in rape cases, reinforcing statutory protections and addressing evidential credibility.
Pre-2013 IPC requires penile penetration for rape conviction; contusion with intact hymen and witness accounts establish only attempt under Section 511 read with 376 IPC.
The court upheld the conviction for sexual offences against a minor, confirming that intimidation can justify delays in lodging an FIR while the evidence for the charges, including threats and action....
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
Attempted rape under IPC Sections 376 and 511 established through credible victim testimony, despite lack of penetration.
Court upheld conviction for attempted sexual assault based on corroborative testimony despite victim's disabilities, emphasizing reliability of witness accounts.
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