IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
ABDUL KARIM – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to conviction for sexual assault. (Para 2 , 3 , 4) |
| 2. testimony from minor victim. (Para 8 , 9) |
| 3. corroboration or confidence in testimony. (Para 10 , 11 , 14 , 15) |
| 4. reverse burden of proof. (Para 17) |
| 5. final ruling. (Para 19) |
JUDGMENT
Jobin Sebastian, J.
The sole accused in S.C. No.476/2018 on the file of the Additional Sessions Court-I (Special Court for the trial of cases on Atrocities Against Women and Children), Kasaragod has preferred this appeal challenging the judgment of conviction and order of sentence passed against him for offences punishable under Sections 324 , 506(2), 376(2)(f)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. The prosecution allegation in the said case is that the accused, who is the stepfather of PW3 a minor girl aged 13 years, on 02.04.2018, between 04:00 a.m and 07:30 a.m, threatened PW3 as well as her mother (PW12), by showing a knife and also inflicted an injury on the left palm of PW3 with the said knife and committed rape on her in the presence of PW12 after putting both of them in fear of death. It is further alleged that on a previous occasion al
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