Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Suresh.K S/o Kannan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. conviction for multiple rapes based on strong testimonial evidence. (Para 2 , 3 , 4) |
| 2. arguments concerning the reliability of the victim's age and the context of the alleged incidents. (Para 5 , 6 , 7) |
| 3. various methods can establish age proof in cases involving minors. (Para 9 , 14 , 21 , 28) |
| 4. establishing the age of the victim is crucial for determining legal consequences under the pocso act. (Para 12 , 13 , 15 , 19) |
| 5. the rejection of the appeal confirms the trial court's conviction and sentence. (Para 31) |
JUDGMENT :
Bechu Kurian Thomas, J.
Appellant challenges the conviction and sentence imposed upon him in S.C No. 345 of 2016 on the files of the Special Court for Atrocities against Women and Children, Kasaragod.
2. By the impugned judgment, the appellant has been found guilty for the offences punishable under section 376(2)(i) and 376(2)(n) of the Indian Penal Code,1860, (for short ‘the IPC ’) and section 6 r/w section 5(l) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO'). He has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.15,000/-, in default to undergo rigorous imprisonmen
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Rape of minor girl - Conviction set aside - Subsequent refusal to marry cannot be come within the purview of cheating.
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
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
