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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharuadeen, J
JOSEPH @ SABU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act requires proof of age. (Para 1 , 5) |
| 2. prosecution must prove victim's age as under 18 for pocso. (Para 4 , 6 , 8) |
| 3. court recognizes oral testimony as valid proof of age. (Para 10 , 12 , 14) |
| 4. evidence must establish commission of sexual assault. (Para 16 , 18 , 19) |
| 5. sentence confirmed; dismissal of appeal. (Para 20 , 27) |
JUDGMENT :
Sole accused in S.C.No.551/2014 on the files of the Special Court under the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the PoCSO, Act’ hereinafter), Ernakulam, has filed this appeal challenging conviction and sentence imposed by the Special Court against him in the above case, as per judgment dated 26.08.2015. Respondent herein is the State of Kerala.
3. Here, the prosecution alleges commission of offences punishable under Section 7 r/w Section 8 of the PoCSO Act as well as under Section 354 of the Indian Penal Code (for short, ‘the IPC ’ hereinafter), by the accused.
5. The learned Special Judge proceeded with trial and recorded evidence. PW1 to PW7 were examined and Exts.P1 to P5 were marked on the side of the prosecution. DW1 was examined on the side of the defence. Thereafter, the le
Prosecution can establish the age of the victim through reliable oral testimonies, such as those from the victim and her mother, even if specific documentary evidence under the PoCSO Act is absent.
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 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.
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
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 conviction under the POCSO Act was upheld based on the victim's credible testimony, despite challenges regarding the victim's age and corroborative evidence.
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