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.

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 Special Court.

3. Parties in this appeal shall be referred as ‘accused’ and ‘prosecution’ hereafter.

4. The prosecution alleges commission of offences punishable under Sections 376, 376(3) and 506(i) of the Indian Penal Code [hereinafter referred as ‘IPC’ for short] as well as under Sections 4 read with 3(a) and 3(c), 6 read with 5(l), 5(m) and 5(n), 8 read with 7 and 12 read with 11(iii) of the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short], by the accused. The allegation of the prosecution is that, the accused with intention of sexually assaulting the 9 year old victim, who was his neighbor, done sexual acts against her on two occasions. Firstly, when the mother of the victim was hospitalized for her second delivery between 5.4.2021 and 18.4.2021 and while the victim was playing with friends in her courtyard, the accused took her to his room in his house by name Vishnu Bhavan at Alukunnam bearing house No.11/417 of Kadakkal Village, disrobed her and showed her obscene videos. He made the victim hold his penis with her hands, lay on her and held the chest and body of the naked victim. He licked on her vagina and raped her. He showed her his white discharge and said that child would be born if the same went inside the vagina. He threatened to kill her mother, her brother and her sister if she would divulge the occurrence, when the victim, who felt pain cried. Again, the accused repeated the overt acts and thus committed the above said offences.

5. After framing charge for the offences punishable under Sections 4 read with 3(a), 4 read with 3(c), 6 read with 5(l), 6 read with 5(m), 8 read with 7 and 12 read with 11(iii) of the POCSO Act, the Special Court recorded evidence and completed trial. During trial, PWs 1 to 17 were examined and Exts.P1 to P16 were marked on the side of the prosecution. One contradiction as that of PW6 got marked as Ext.D1 on the side of the defense.

6. On appreciation of evidence, the Special Court found that the accused was guilty for the offences punishable under Sections 4 read with 3(a) and 3(c), 6 read with 5(l) and 5(m), 8 read with 7 and 12 read with 11(iii) of the POCSO Act. Accordingly, the accused was convicted for the said offences and sentenced as under:

“(i) Rigorous imprisonment for a term of 20 years and fine of Rs.10,000/- (Ten thousand only) for offence U/S.6 r/w 5(l) of POCSO Act. In default of payment of fine, he shall undergo simple imprisonment for one year. Fine amount, if paid, shall be given as compensation to PW1, the victim U/S.357(1)(b) Cr.P.C.

(ii) Rigorous imprisonment for a term of 20 years and fine of Rs.10,000/- (Ten thousand only) for offence U/S.6 r/w 5(m) of POCSO Act. In default of payment of fine, he shall undergo simple imprisonment for one y