Conviction Based on Consistent Testimony of Minor Victim Despite Minor Contradictions
In a significant ruling, the Kerala High Court has upheld the conviction and 15-year rigorous imprisonment sentence of the appellant, Rahiman, under the Protection of Children from Sexual Offences Act (POCSO) and the Indian Penal Code (IPC) for aggravated sexual assault on a minor. The judgment, delivered by Justice A. Badharudeen, confirmed the decision of the Special Court, which had found Rahiman guilty of committing the heinous crime during the summer vacation of 2017.
The case revolved around the testimony of the minor victim, who was just 11 years old at the time of the incident. The prosecution alleged that Rahiman lured the victim to his home with the promise of toffy, disrobed her, and sexually assaulted her. The victim's consistent and credible testimony played a pivotal role in upholding the conviction, despite the defense's attempt to highlight minor contradictions and omissions in her statements.
The defense argued that there were inconsistencies in the victim's testimony and procedural lapses, including the lack of a signature on the First Information Statement (FIS) and non-compliance with certain procedural sections of the POCSO Act and Cr.P.C. However, the court dismissed these contentions, emphasizing that the victim's testimony was supported by corroborative material evidence and that procedural lapses did not undermine the core of the prosecution's case.
Justice Badharudeen also addressed the defense's claims regarding the victim's age, noting that the prosecution had adequately established the victim's age through school records and witness testimony. Additionally, the court found no merit in the defense's argument concerning the place of occurrence, affirming that the prosecution had sufficiently demonstrated the location where the crime took place.
The court further highlighted the importance of the voir dire examination conducted to ensure the victim's competence to testify, underscoring the credibility of her testimony. The judgment reaffirmed the principle that a victim's testimony, if found credible and consistent, is sufficient to establish the guilt of the accused in sexual offense cases.
In dismissing the appeal, the High Court directed the Special Court to enforce the sentence promptly, ensuring that justice is served. This judgment serves as a stern reminder of the judiciary's commitment to upholding the rights of minor victims and delivering justice in cases of sexual offenses.
Bottom line:-
Conviction under Section 5(m) r/w 6 of the POCSO Act and Section 376(2)(1) of IPC upheld - Evidence of the victim deemed credible despite minor contradictions and omissions - Non-compliance of Section 19 of POCSO Act and Section 209 of Cr.P.C found to be unsubstantiated.
Statutory provision(s): Section 5(m) r/w 6 of the POCSO Act, Section 376(2)(1) of the IPC, Section 19 of the POCSO Act, Section 209 of the Cr.P.C., Indian Evidence Act, 1872
Rahiman v. State of Kerala, (Kerala) : Law Finder Doc id # 2901911
