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2024 Supreme(Online)(KER) 4394

HIGH COURT OF KERALA
P. B. Suresh Kumar, JOHNSON JOHN, JJ
STEPHEN, C.NO.1196 CENTRAL PRISON, TRIVANDRUM-12 – Appellant
Versus
STATE OF KERALA – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a conviction of the accused, who is the father of the victim, for sexually assaulting his 9-year-old daughter. The offences include violations under the POCSO Act and IPC, specifically for penetrative sexual assault and related threats (!) (!) .

  2. The conviction was primarily based on the reliable and trustworthy evidence of the victim, who testified that the accused penetrated her mouth with his penis and threatened her to prevent disclosure. Her mother also supported this account (!) (!) .

  3. The court emphasized that the evidence of a sexual assault victim can serve as the sole basis for conviction if it is of "sterling quality," meaning it must be natural, consistent, and withstand rigorous cross-examination, aligning with other supporting materials (!) (!) (!) .

  4. The court found the victim's evidence to meet the criteria of a "sterling witness," affirming its credibility and reliability, and consequently upheld the conviction based on her testimony alone (!) .

  5. Regarding sentencing, the court held that the punishment was proportionate to the gravity of the offence, especially considering that the accused was the victim's biological father and the offence involved aggravated penetrative sexual assault (!) .

  6. The court noted that the accused had already undergone part of the sentence under the related offences and, after considering all factors, dismissed the appeal, affirming the conviction and the sentence imposed (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


JUDGMENT

P.B.Suresh Kumar, J.

The sole accused in S.C.No.1359 of 2013 on the files of the Court of the Additional Sessions Judge for the Trial of Cases Relating to Atrocities and Sexual Violence Against Women and Children, Thiruvananthapuram is the appellant in the appeal. He stands convicted and sentenced for the offences punishable under Section 5(n) read with Section 6 and Section 9(n) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section

506 Part 2 of the Indian Penal Code (IPC).

2. The victim in the case is none other than the daughter of the accused. The accusation as in the final report is that on 09.08.2013, the accused penetrated his penis into the mouth of the victim who was aged 9 years then and threatened her that he would cause her death, if she discloses the same to anyone.

3. The Special Court took cognizance of the offences alleged in the final report and issued summons to the accused. On the appearance of the accused, after complying with the procedural formalities, charges were framed against the accused, to which he pleaded not guilty. Thereupon, the prosecution examined 9 witnesses as PWs 1 to 9 and proved throu

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