The Kerala High Court has dismissed a criminal appeal filed by a man convicted for sexually assaulting a minor girl at a treatment facility in Ernakulam back in 2019. Justice A. Badharudeen, delivering the verdict on July 28, 2026, confirmed the ten-year rigorous imprisonment handed down by the Fast Track Special Court, Perumbavoor, rejecting every argument raised by the defence.
Background of the Case
The case goes back to July 20, 2019, when the appellant, Joshy K.J., who worked as a manager under the second accused at a facility in Kaloor, allegedly took the minor victim into a treatment room and sexually assaulted her using a vibrating device fitted with an artificial attachment. The prosecution said the accused later threatened her against telling anyone, warning she would be branded a "bad girl" in society.
The matter came to light much later - only in October 2021 - after the second accused was arrested in a separate cheating case. The victim eventually disclosed the assault to her sister-in-law, following which a formal complaint was lodged and a case registered under Sections 376, 354B and 506(i) of the IPC along with provisions of the POCSO Act.
The Special Court had earlier convicted the first accused under Section 4(1) read with Section 3(b) of the POCSO Act and relevant IPC sections, sentencing him to ten years' rigorous imprisonment, while acquitting the second accused of a separate charge relating to failure to report the offence.
Arguments Before the High Court
Counsel for the appellant argued that the two-year delay in lodging the FIR was fatal to the prosecution's case, and pointed out that the victim was just months away from turning 18 at the time of the incident. It was also argued that there was no medical or scientific corroboration, and that certain details mentioned by the victim in court were absent from her original police statement - a discrepancy the defence said should have raised doubt.
The State, represented by Public Prosecutor Sri Sajeev P.K., countered that the delay was natural and understandable given the fear and threats the victim had faced, and that her testimony remained consistent on the core facts of the incident.
Court's Observations
Justice Badharudeen held that once a victim is established to be under 18, her status as a "child" under the POCSO Act does not weaken merely because she was close to attaining majority. On the question of delay, the court noted that victims of sexual assault, especially minors under the influence or control of their abusers, often cannot disclose such incidents immediately out of fear.
Addressing the defence's argument about missing details in the initial police statement, the bench observed that the statutory phrase "insert to any extent" is wide enough to cover contact even at the entry point of the body, and does not require every physical detail to be repeated identically at each stage of the proceedings.
The court also rejected the plea of alibi raised by the accused, noting that his own testimony, unsupported by any independent corroborating material, could not be relied upon. A mobile phone said to contain location data was not properly placed in evidence and was therefore ignored by the trial court - a decision the High Court found justified.
The Decision
Finding no infirmity in the trial court's reasoning or its appreciation of evidence, the High Court held that the conviction under the IPC and POCSO Act provisions did not warrant interference. On sentencing, the bench noted that ten years is the statutory minimum for the offence under Section 3(b) read with Section 4(1) of the POCSO Act, leaving no scope for further reduction.
The appeal was accordingly dismissed, and the conviction and sentence passed by the Special Court, Perumbavoor, stood confirmed.
Case Details:
Case Title: Joshy K.J. v. State of Kerala
Case Number: Crl. Appeal No. 2302 of 2024
Judge: Justice A. Badharudeen
Decision Date: July 28, 2026
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