Ernakulam: The Kerala High Court has overturned a 2023 conviction in a child sexual abuse case, granting freedom to a man who had already spent nearly three years behind bars. Justice A. Badharudeen delivered the verdict on August 14, 2026, pointing to contradictions in the survivor's statements and a bitter family dispute that, in the court's view, could not be ruled out as a motive for false implication.
Background of the Case
The case dates back to Crime No. 74/2020 registered at Pathanamthitta Police Station. The prosecution alleged that the appellant, who was the second husband of the survivor's mother, had sexually assaulted his stepdaughter on multiple occasions between late 2014 and March 2018, while she was a minor studying at a hostel and visiting home on weekends.
The complaint was lodged only on January 13, 2020 - by which time the survivor had turned 19. The Special Court under the POCSO Act, Pathanamthitta, convicted the accused in October 2023 and awarded him 40 years of rigorous imprisonment along with a fine, on top of a concurrent 20-year sentence.
Arguments in Appeal
Counsel for the appellant argued that the timing of the complaint was suspicious. It came soon after the mother and the accused fell out over property matters and stopped speaking to each other in mid-2019. The defence also pointed out that the survivor had been in a relationship with a young man during her school years, and that the accused - described as tech-savvy - had allegedly monitored her phone and informed her mother about the relationship, which apparently upset the survivor.
It was further submitted that despite having several opportunities, including a month-long trip to Kuwait with her mother, the survivor never mentioned the alleged abuse until years later.
The Public Prosecutor, on the other hand, maintained that the survivor's testimony was credible and stood corroborated by medical evidence.
Court's Observations
Justice Badharudeen noted that while the POCSO Act was enacted with a genuine and important purpose, courts must remain alert to the possibility of its misuse, particularly in cases involving matrimonial or family discord. The judgment observed that the survivor gave differing accounts of the period during which the alleged abuse took place - telling the doctor one timeline and the court another - and did not disclose specific details before the magistrate.
The court also weighed the fact that medical findings, though indicating past sexual activity, could not be treated as conclusive proof against the accused, since the survivor herself admitted to being in a relationship with someone else around the same time.
Summing up, the bench held that the prosecution's case was "coupled with many doubts," and that the benefit of doubt had to go to the accused.
The Decision
The High Court allowed the appeal, set aside the conviction and sentence passed by the Special Court, and ordered the immediate release of the appellant, who had been in custody since October 2023, apart from an earlier period of pre-trial detention in 2020.
Case Details
- Case Title: XXXX v State of Kerala
- Case Number: Crl.A No. 1694 of 2023 (arising from SC No. 287 of 2021)
- Judge: Justice A. Badharudeen, High Court of Kerala at Ernakulam
- Decision Date: August 14, 2026
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