The Court confirms the conviction and sentence, emphasizing the credibility of the victim's testimony in the absence of corroborative evidence.
In a significant judgment, the Kerala High Court has upheld the conviction and 20-year rigorous imprisonment of Ayoob, accused of aggravated sexual assault on a minor, under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The judgment, delivered by Justice A. Badharudeen, confirms the decision of the Special Court, Pattambi, which had found Ayoob guilty of multiple offences, including Sections 376AB and 376(2)(m) of the Indian Penal Code (IPC) and various sections of the POCSO Act.
The case revolved around the incident dated April 13, 2019, where Ayoob was accused of criminal trespass and kidnapping, followed by an aggravated sexual assault on a minor girl. The prosecution's case was significantly bolstered by the testimony of the victim, who was deemed competent to testify. Despite the absence of a test identification parade and direct witnesses to the crime, the victim's testimony was found credible and consistent, forming the basis for the conviction.
The defense argued that the victim's identification of the accused was unreliable due to insufficient lighting during the incident and the lack of a test identification parade. They further contended that the minor victim's competence to testify was questionable as no formal voir dire examination was conducted. However, the court dismissed these arguments, stating that the victim's clear identification of Ayoob, corroborated by another witness familiar with the accused, was sufficient.
Justice Badharudeen noted that the absence of a formal voir dire examination did not vitiate the trial, as the competency of the child witness was established through rational responses to preliminary questions. The court emphasized the sufficiency of the victim's testimony in establishing the guilt of the accused, aligning with the principles of the POCSO Act, which allows for conviction based on credible victim testimony even in the absence of corroborative evidence.
The court also addressed the defense's claim of an unfair trial due to non-production of original documents, ruling that secondary evidence was appropriately admitted. The judgment highlighted that the gravity of the offense warranted the sentence imposed, and no grounds for leniency were found.
The High Court's decision reinforces the legal precedent that victim testimony can be pivotal in sexual assault cases, particularly under the POCSO Act, underscoring the judicial commitment to safeguarding the rights and dignity of minors.
Bottom line:-
Protection of Children from Sexual Offences Act, 2012 (POCSO) - Evidence of victim sufficient to establish guilt of the accused in cases of sexual assault, even in the absence of corroborative evidence, provided the testimony is credible and consistent.
Statutory provision(s): Indian Penal Code, Sections 376AB, 376(2)(m), 363, 447; Protection of Children from Sexual Offences Act, 2012, Sections 3(b), 3(d), 4, 5(i), 5(m), 6, 7, 8; Indian Evidence Act, 1872.
Ayoob v. State of Kerala, (Kerala) : Law Finder Doc id # 2918766
