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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Raja Vijayaraghavan V., K.V.Jayakumar
... – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. appeal against conviction under pocso (Para 2 , 3) |
| 2. arguments regarding evidence and age (Para 5 , 6) |
| 3. assessment of survivor's credibility (Para 21 , 22) |
JUDGMENT :
Raja Vijayaraghavan, J.
This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure 1973, is directed against the judgment dated 30.03.2019 in S.C. No. 62 of 2017 passed by the Special Court for the Trial of Offences against Children (Additional Sessions Court- I), Manjeri. In the aforesaid case, he was charged for having committed offences punishable under Sections 376(2) (f), (i), 506 (ii) of the IPC and Sections 5(l), (m), (n) r/w. 6 of the Protection of Children from Sexual Offences Act, 2012 . By the impugned judgment, he was found guilty of the offences punishable under Sections 376(2)(f)(i)(n) of the IPC, Section 6 (l) (m) (n) of the POCSO Act, as per Section 235 (2) of Cr.P.C and sentenced to undergo imprisonment for life for the offence under Section 376(2) of the IPC and to pay a fine of Rs. 1,00,000/- with a default clause. The above finding of guilt, conviction and sentence is under challenge in this appeal.
Brief Statement of Facts
2. The appellant is the father of the su
The testimony of a minor victim and corroborative medical evidence suffice for conviction in sexual assault cases, with statutory provisions ensuring protection and compensation for victims.
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 the conviction for aggravated penetrative sexual assault, emphasizing the credibility of the victim's testimony and the sufficiency of evidence despite procedural lapses.
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 prosecution must prove the age of the victim under the POCSO Act; absence of verifiable evidence led to the acquittal due to reliance on untrustworthy testimony.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
Courts may determine a minor child's age through consistent witness testimony and direct judicial observation in the absence of conclusive documentary records, and appellate courts will not interfere....
The court affirmed that once foundational facts of sexual assault are established, the presumption of guilt under the POCSO Act applies, shifting the burden to the accused to prove otherwise.
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