Conviction in sexual offences can be established on the reliable testimony of the victim's mother, supporting the conviction under POCSO and IPC despite some evidence being contested.

JUDGMENT :

A. BADHARUDEEN, J.

1. Judgment in S.C.No.336/2014 on the files of the Special Court under the Protection of Children from Sexual Offences (POCSO) Act, 2012 (hereinafter referred to as ‘POCSO Act’ for short) (Additional Sessions Court-I), Kottayam, is under challenge, at the instance of the sole accused in the above case. The State of Kerala, represented by the Public Prosecutor is the respondent.

2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor in detail. Perused the verdict under challenge and the records placed by the learned Public Prosecutor.

3. In this case, the prosecution alleges commission of offences punishable under Section 354B of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) as well as Sections 7 and 8 of the POCSO Act r/w Section 23 of the Juvenile Justice (Care & Protection of Children) Act, 2000. The prosecution case is that, on 25.05.2014, the daughter of CW1 was playing in the courtyard of their house with her brother. At about 1 pm, when the child went for collecting jack tree leaves, she was taken by the accused in his house and subjected her to sexual molestation. On this premise, the prosecution alleges commission of the above offences by the accused.

4. On getting final report filed, the Special Judge recorded evidence. PW1 to PW7 were examined and Exts.P1 to P5 were marked on the side of the prosecution. No evidence was adduced on the side of the defence.

5. On analysis of the evidence, the Special Court found that the accused/appellant committed offences punishable under Section 354B of IPC as well as under Section 8 of the POCSO Act. Accordingly, he was convicted and sentenced as under:

“In the result, the accused is sentenced to undergo rigorous imprisonment for four years and fine of Rs.25,000/- u/s.8 of the PoCSO Act. In default of payment of fine the accused shall undergo another term of R.I. for one year. Set off is allowed for the period of detention. The victim child is entitled for compensation under the Victim Compensation Act.”

6. The learned counsel for the appellant/accused argued that the evidence available would not show the ingredients for the offences punishable under Section 354B of IPC as well as under Section 8 of the POCSO Act and the evidence of PW1 in this regard is insufficient. It is submitted further that, the accused has been implicated in this crime without any justification since PW1 had animosity towards him. Thus, the learned counsel for the appellant/accused pressed for interference in the verdict impugned to get it reversed.

7. The learned Public Prosecutor strongly supported the verdict of the Special Court and submitted that the evidence of PW1 alone is sufficient to prove the guilt of the accused and commission of offences under Section 354B of IPC as well as under Section 8 of the POCSO Act. He further argued that even otherwise the offence under Section 18 of the POCSO Act, an attempt to commit sexual assault as defined under Section 7 of the POCSO Act, also has been made out. Then also, the accused would deserve conviction and sentence for the said offence as well as under of .

8. Adverting to the rival submissions, the points arise for consideration are:

1. Whether the Special Court went wrong in finding that the accused committed the offence punishable un