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2026 Supreme(Ker) 602

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Ayoob – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri.P.Mohamed Sabah, Sri.Libin Stanley, Smt.Saipooja, Sri.Sadik Ismayil, Smt.R.Gayathri, Sri.M.Mahin Hamza, Shri.Alwin Joseph
For the Respondent: Senior Public Prosecutor, Sri Vipin Narayan.A, Sr.Pp., Sri.Vipin Narayan A

Table of Content
1. procedural history and initial conviction under pocso and ipc. (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding witness identification, trial fairness, and evidence admissibility. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. evidentiary analysis of victim testimony, witness credibility, and medical findings. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. confirmation of guilt based on credible primary evidence. (Para 25 , 26 , 27)
5. dismissal of appeal and enforcement of sentence. (Para 28 , 29)

JUDGMENT :

A. Badharudeen, J.

This appeal is at the instance of the accused in S.C.No.418/2020 on the files of the Special Court under the Protection of Children from Sexual Offences Act, 2012 (`POCSO Act’ for short hereafter), Pattambi, emerges out of the judgment dated 20.07.2022 in the said case.

2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor appearing for the prosecution. Perused the trial court records.

3. The prosecution allegation is that at about 20.30 hours on 13.04.2019 the accused had criminally trespassed upon the courtyard of the house of the victim, who was examined as PW1, and kidnapped her towards the backsid

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