Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Raja Vijayaraghavan V., K.V.Jayakumar
Siju.T.S. – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. details of the survivor and initial report of the crime. (Para 2 , 3 , 4) |
| 2. prosecution's evidence and witness testimonies. (Para 5 , 6) |
| 3. evaluation of testimonies and issues of credibility. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. arguments against victim's credibility met with strong corroborative evidence. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. affirmation of the trial court's decision and underlying rationale. (Para 30 , 31) |
| 6. final decisions and implications of the judgment. (Para 32 , 33) |
JUDGMENT :
This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure 1973, is directed against the judgment dated 14.02.2019 in S.C. No. 452 of 2018 passed by the Special Judge for the Trial of Offences under the POCSO Act, Thalassery. By the above judgment, the appellant herein was found guilty of the offence under Section 5 (l)(r) r/w. Section 6 and Section 9 (i)(r) r/w. Section 10 of the Protection of Children from Sexual Offences Act , 2012 (for brevity ‘POCSO Act’) and Sections 370(4), 370A(1), 376(2)(i), 506(i), 392 and 307 of the IPC. The appellant was sentenced:
(b) to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- (Rupees O
The conviction of a defendant for sexual offences against a minor can be upheld based on the credible testimony of the victim even in the presence of minor inconsistencies in her statements.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
The testimony of a child victim under the POCSO Act, if credible, does not require corroboration for conviction, and minor discrepancies should not undermine a reliable prosecution case.
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....
The testimony of the victim in sexual assault cases must be credible and reliable; delays and contradictions can undermine a prosecution's case, leading to acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
