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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Vishnu @ Unni S/o Venu – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. jurisdiction and procedural context of the appeal. (Para 1 , 2 , 3) |
| 2. factual allegations of sexual offences. (Para 4 , 6) |
| 3. arguments challenging credibility of prosecution evidence. (Para 7 , 8) |
| 4. points for consideration in the appeal. (Para 9) |
| 5. assessment of witness reliability and evidence. (Para 10 , 15) |
| 6. medical evidence and child witness examination. (Para 13 , 14) |
| 7. legal definition and interpretation of sexual harassment under pocso. (Para 16) |
| 8. court’s agreement with special court findings and sentencing. (Para 18 , 19) |
| 9. final order and dismissal of the appeal. (Para 20 , 21) |
JUDGMENT :
A. BADHARUDEEN, J.
1. The sole accused in S.C. No.1634/2022 on the files of the Fast Track Special Court, Kottarakkara, has filed this appeal, under Section 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the conviction and sentence imposed by the Special Judge, against him as per the judgment dated 29.07.2024. The State of Kerala, represented by the Public Prosecutor is arrayed as the respondent herein.
2. Heard the learned counsel for the appellant and the learned Public Prosecutor, in detail. Perused the verdict under challenge and the records of
The court upheld a conviction under the POCSO Act based on the victim's credible testimony, underscoring the mandatory minimum sentencing provisions for sexual offences against minors.
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....
Conviction in sexual offences can be established on the reliable testimony of the victim's mother, supporting the conviction under POCSO and IPC despite some evidence being contested.
The court affirmed the conviction based on credible testimony, ruling that minor inconsistencies do not undermine the reliability of a victim's account in sexual offense cases.
The court established that evidence of aggravated sexual assault on a minor under POCSO Act justified conviction, emphasizing the presumption of guilt unless rebutted, while excluding IPC Section 504....
The court confirmed convictions under the POCSO Act and SC/ST (POA) Act for aggravated sexual assault on a minor, while acquitting the accused of IPC Section 504 due to insufficient evidence of provo....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The evidence of a rape victim can be the sole basis for conviction if it is consistent and corroborated, emphasizing the importance of reliable testimony in sexual assault cases.
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