A victim's testimony, if credible and corroborated, can be sufficient for conviction, highlighting the judicial approach towards sexual assault cases involving minors.

JUDGMENT

P.B.Suresh Kumar, J.

This appeal is directed against the conviction of the appellant and the sentence imposed on him in S.C.No.1016 of 2014 on the files of the Sessions Court, Thiruvananthapuram.

The appellant is the sole accused in the case.

2. The accusation against the appellant in the police report is that he has committed rape on his minor daughter, who was residing in a Child Care Home after the death of her mother, during September 2011 and December 2013, when the accused was permitted to take her to their house from the Child Care Home. The offences alleged against the accused are the offences punishable under Section 376 of the Indian Penal Code (the IPC ) and Section 4 of the Protection of Children from Sexual Offences Act , 2012 (the POCSO Act).

3. On the accused pleading not guilty of the charges framed against him, the prosecution examined 18 witnesses as PW1 to PW18 and proved 21 documents as Exts.P1 to P21. The prosecution has also caused the witnesses examined on its side to identify MO1 to MO3 material objects.

4. The accused was thereupon questioned under Section 313 of the Code of Criminal Procedure (the Code) as regards the incriminating evidence brought out by the prosecution against him. The accused denied the same. Since the trial court did not consider the case to be one fit for acquittal under Section 232 of the Code, the accused was called upon to enter on his defence. The accused thereupon examined two witnesses on his side as DW1 and DW2 and proved two documents as Exts.D1 and D2 through them.

5. Among the witnesses examined on the side of the prosecution, PW1 is the victim girl. She proved Ext.P20 First Information Statement given under Section 154 of the Code and Ext.P2 statement given under Section 164 of the Code. PW2 is the care taker of the Child Care Home where the victim girl was residing during December, 2013 and January, 2014. PW3 is a teacher of the school where the victim girl was pursuing her studies during January, 2014. PW4 is the counsellor attached to the said school. PW7 is the Co-ordinator of the Child Helpline, Thiruvananthapuram. PW9 is the doctor who conducted potency test on the accused. PW9 proved Ext.P7 potency certificate issued by him. PW11 is the doctor who conducted the medical examination of the victim girl. PW11 proved Ext.P9 report of medical examination. PW13 is the woman Sub Inspector of Police who recorded Ext.P20 First Information Statement. PW17 is the police officer who conducted investigation in the case and PW18 is the police officer who laid the final report in the case.

6. The trial court found the accused guilty of the offences punishable under Section 376 of the IPC and Section 4 of the POCSO Act and he was, accordingly, convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 4 of the POCSO Act. No separate punishment was imposed on the accused for the offence punishable under . It is aggrieved by the conviction and sentence that the accused has preferred this appeal.

7. Heard Adv.M.P.Madhavankutty, the learned counsel for the accused as also Adv.Ambika Devi S., the learned Special Public Prosecutor.

8. The first and foremost argument advanced by the learned counsel for the accused was that the charges in respect of the first episode of the occurrences that took place during September 2011 and second episode of the occurrences that took place during December 2013, could not have been clubbed together in the light of the mandatory provision contained in Section 218 of the Code, especially since the amendment to Section 376 of the IPC to its present form and the introduction of the POCSO Act were much after the first episode of the occurrences. According to the learned counsel, the trial in the case is therefore vitiated.

8.1. It was also argued by the learned counsel for the accused that although the first episode of the occurrences were alleged to have taken place during September 2011, the same