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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Suresh.K S/o Kannan – Appellant
Versus
State Of Kerala – Respondent
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 imprisonment for a further period of two years under section 376(2)(i) and section 376(2)(n) of IPC , in view of section 42 of the POCSO Act. The accused was, however, found not guilty for the offence under section 5(n) of the POCSO Act. Compensation to the victim under the victim compensation scheme was also directed to be paid by the trial court.
3. The prosecution alleged that in September, 2015 and thereafter on several days, till February 2016, the accused raped a minor girl aged 13 years in her house at Malom village and thereby commit
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.
The prosecution must prove foundational facts, including the victim's age, beyond reasonable doubt, even under statutory presumptions of the POCSO Act.
The prosecution must establish a victim's age with credible documentation; failure to do so leads to reasonable doubt regarding charges under the POCSO Act.
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