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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian,J, P.B. SURESH KUMAR
Raveendran V.S. S/o Sankaran Nair – Appellant
Versus
Deputy Superintendent of Police, Kasaragod – Respondent
JUDGMENT :
Jobin Sebastian, J.
1. The sole accused in S.C. No.747/2018 on the file of the Additional Sessions Court-I (Special Court for the trial of cases on Atrocities Against Women and Children), Kasaragode has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for offences punishable under Section 376 AB of the INDIAN PENAL CODE and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. The prosecution allegation is that the accused who belongs to Nair community committed rape as well as penetrative sexual assault on a minor girl, aged 4½ years, who belongs to Maratti community, a scheduled tribe, by inserting his finger and penis into her vagina on many occasions including on 31.08.2018 and on 07.09.2018 at about 10.00 a.m., and on 09.09.2018 in between 3.00 p.m. and 4.00 p.m., at the quarters of the accused bearing Door No. V/55(E) of Kutikkol Grama Panchayat and thereby, committed offences punishable under Sections 3 76, 376AB of the IPC, Sections 3 (a) and 3(b) r/w Section 4 , Sections 5 (i), 5(l), 5(m) read with Section 6 of the POCSO Act and Sections 3 (2)(v), 3(1)(w)(i), 3(2)(va) of the SC/
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The requirement of proving penetration for conviction under Section 3 of the POCSO Act and the interpretation of the legal provisions related to sexual assault.
The judgment emphasizes the importance of corroborative evidence, such as medical evidence, in establishing guilt beyond reasonable doubt in cases of sexual assault. It also underscores the gravity o....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
The absence of penetration is critical for a conviction under Sections 5(i) and 6 of the POCSO Act, but the presence of injuries can still lead to a conviction for aggravated sexual assault under Sec....
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the ....
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