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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Noufal S/o Kunhimon – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. overview of appeal and parties. (Para 1 , 2 , 3) |
| 2. allegations of sexual assault under pocso. (Para 4 , 5) |
| 3. evidence from victim and medical examination. (Para 6 , 7 , 8) |
| 4. arguments presented by the parties. (Para 9 , 20 , 21) |
| 5. court's analysis of evidence and testimonies. (Para 10 , 14 , 17 , 18) |
| 6. conclusion on conviction and sentence. (Para 22 , 23 , 25) |
| 7. final order of dismissal. (Para 24 , 26) |
JUDGMENT :
1. The accused in S.C. No.190/2017 on the files of the Special Court for the trial of cases relating to atrocities and sexual violence towards women and children, Kozhikode, has filed this appeal, under Section 374 of the Code of Criminal Procedure, 1973 [hereinafter referred as ‘Cr.P.C.’ for short], challenging the conviction and sentence imposed by the Special Judge, against him as per the judgment dated 11.02.2019. The State of Kerala, represented by the Public Prosecutor is arrayed as the respondent herein.
3. Parties in this appeal shall be referred as ‘accused’ and ‘prosecution’, hereafter.
5. After framing charge for the offence punishable under Section 3 (a) read with 4 of the POCSO Act, the Special Court recorded evidence and completed trial. During
The absence of injuries on a victim does not negate the occurrence of penetration in sexual assault cases, and a victim's testimony, supported by medical evidence, can sustain a conviction under POCS....
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 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 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 necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
A conviction for penetrative sexual assault requires clear and corroborative evidence of penetration, which was not established in this case; however, the appellant was guilty of sexual harassment un....
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