The evidence of a victim of sexual assault can be the sole basis of a conviction if it is of sterling quality.

Headnote:
Sexual Assault - Conviction and Sentencing - The court found the accused guilty of the offences under the POCSO Act and IPC, based on the evidence of the victim and her mother. The court held that the victim's evidence was of sterling quality and reliable, affirming the Special Court's finding. The court also found the sentence imposed on the accused to be proportionate to the gravity of the offence.
Fact of the Case:

The accused, the father of the victim, was convicted and sentenced for sexually assaulting his 9-year-old daughter by penetrating his penis into her mouth and threatening her.
Finding of the Court:

The court found the accused guilty based on the evidence of the victim and her mother, affirming the Special Court's finding. The court also held that the sentence imposed on the accused was proportionate to the gravity of the offence.
Issues: The sustainability of the conviction and sentencing of the accused under the POCSO Act and IPC.
Ratio Decidendi: The evidence of the victim of a sexual assault can be the sole basis of a conviction if it is of sterling quality. The court found the victim's evidence to be reliable and of sterling quality, affirming the Special Court's finding.
Final Decision: The appeal was dismissed, and the court found no merit in the appeal.

Judgement Key Points

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

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 (!) (!) .
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 (!) (!) .
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 (!) (!) (!) .
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 (!) .
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 (!) .
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 (!) .

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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 through them 12 documents as Exts.P1 to P12. On the closure of the evidence of the prosecution, when the accused was questioned on the incriminating evidence let in by the prosecution under Section 313 of the Code of Criminal Procedure (the Code), he denied the same and maintained that he has been falsely implicated in the case, with a view to avoid him at the instance of his wife, who maintains an illicit relationship with another. Inasmuch as the Special Court did not find the case to be one fit for acquittal under Section 232 of the Code, the accused was called upon to enter on his defence and he chose not to adduce any evidence.

4. Thereupon, on a consideration of the evidence on record, the Special Court, having found the accused guilty of the offences referred to above, convicted and sentenced him to undergo imprisonment for life and to pay fine for the offence punishable under Section 5(n) read with Section 6 of the POCSO Act, to undergo rigorous imprisonment for five years and to pay a fine for the offence punishable under Section 9(n) read with Section 10 of the said Act and to undergo rigorous imprisonment for one year for the offence punishable under Section 506 Part 2 of IPC.

5. Heard the learned counsel for the accused as also the learned Public Prosecutor.

6. The learned counsel for the accused submitted that there is no evidence in the case to prove the alleged act of penetrative sexual assault except the evidence tendered by PW2, the victim and that the evidence of PW2 cannot be said to be of sterling quality so as to base the conviction solely on the said evidence. It was also argued by the learned counsel in the alternative that at any rate, the sentence imposed on the accused on his conviction is grossly disproportionate to the gravity of the offence alleged and therefore, even if the court finds that the conviction of the accused is in order, the sentence imposed on him is liable to be interfered with. The learned counsel has relied on the decision of this court in Narayanan v. State of Kerala, 2021 KHC 564, in support of the argument that the sentence imposed on the accused is excessive. Per contra, the learned Public Prosecutor supported the impugned judgment pointing out that the evidence tendered by the victim cannot be said to be not trustworthy.

7. We have considered the argument advanced by the learned counsel for the parties on either side. The point that arises for consideration is whether the conviction of the accused and the sentence imposed on him are sustainable in law.

8. In order to consider the point formulated for decision, it is necessary to refer to the evidence in the case. PW1 is the mother of the victim. PW1 was employed at the relevant time in a private medical college. PW1 deposed that the victim is her elder daugh

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