The Kerala High Court has dismissed a criminal appeal against the conviction of an accused in a POCSO case, holding that the testimony of the minor survivor was reliable and was supported by medical evidence. Justice A. Badharudeen confirming the conviction and sentence imposed by the Special Court at Wadakkanchery.
Background
According to the prosecution, the survivor was 12 years old when the alleged incidents took place. The accused was her maternal relative and was known to her family. The survivor stated that the accused had threatened her by claiming that he possessed a video of her while changing clothes and bathing. She alleged that, using this threat, he made her continue communicating with him and gradually became close to her.
The survivor further alleged that the accused repeatedly sexually assaulted her. She told the Court that he entered her father’s house during the night on November 19, 2021, and committed sexual acts against her, and that a similar incident occurred again on November 24. The prosecution also relied on the survivor’s account of the events leading to December 14, 2021, when she went away with the accused on his motorcycle while on her way to school. After her teachers and parents searched for her, she was brought back home. She initially did not disclose the alleged incidents but later told her parents, following which her father approached the police on December 16, 2021.
The Special Court subsequently convicted the accused under various provisions of the IPC and POCSO Act, while acquitting him of the charge under Section 366A of the IPC. It imposed, among other sentences, 20 years of rigorous imprisonment for the relevant aggravated POCSO offences, with the substantive sentences directed to run concurrently. Challenging the conviction, the accused approached the Kerala High Court and argued that there were material omissions and variations between the survivor’s earlier statements and her evidence before the trial court.
The High Court examined the survivor’s testimony alongside her earlier statement and the medical evidence. The Court found that the important allegations regarding the repeated sexual assaults were substantially reflected in her earlier statement and that her evidence before the Court was consistent on the material aspects.
The Court also considered the medical evidence of the doctor who examined the survivor. The medical certificate recorded findings which, according to the doctor, were suggestive of penetrative sexual assault. The High Court held that this evidence provided corroboration to the survivor’s account.
The Court observed:
“Therefore, the same by itself is not a reason to disbelieve the evidence of PW1, if the same inspires the confidence of the court with mark of sterling quality. Holding so, on scrutiny of the evidence of PW1, the same appears to be of sterling quality to be relied upon and the contra contention raised by the learned counsel for the appellant is liable to be rejected, since it is well settled in law that in sexual molestation case the evidence of the victim, if found to be of sterling quality, the same can be the sole basis of conviction. Here, the medical evidence also corroborates the version of PW1.”
The High Court rejected the defence argument based on alleged suppression in the first information statement, noting that the victim herself had not lodged that statement. After re-appreciating the evidence, the Court found that the Special Court had correctly assessed the material before it.
On sentencing, the High Court noted that the Special Court had imposed the statutory minimum sentence of 20 years for the relevant offences. Therefore, the Court held that reduction of the sentence could not be considered.
The Kerala High Court dismissed the criminal appeal and confirmed both the conviction and sentence imposed by the Special Court.
The Court also directed that a copy of the judgment be forwarded to the Jail Superintendent and the Special Court for information and compliance.
Case Details
- Case Title: XXXXXXXXXX v. State of Kerala
- Case Number: Crl.A. No. 1442 of 2024
- Judge: Justice A. Badharudeen
- Decision Date: October 1, 2026
