Conviction of Vishnu @ Unni for multiple sexual offences against a minor affirmed despite defense challenges citing family disputes.
In a significant ruling, the Kerala High Court has upheld the conviction and sentencing of Vishnu @ Unni to 20 years of rigorous imprisonment for multiple sexual offences against a minor under the Protection of Children from Sexual Offences (POCSO) Act. The court, presided over by Justice A. Badharudeen, affirmed the decision of the Fast Track Special Court, Kottarakkara, dismissing the appeal filed by the accused.
The appellant, Vishnu @ Unni, was charged under various sections of the POCSO Act and the Indian Penal Code (IPC) for committing sexual offences against a 9-year-old girl, his neighbor. The prosecution presented evidence that the accused sexually assaulted the victim on two occasions, exploiting the absence of her mother who was hospitalized for childbirth.
Despite the defense's arguments highlighting a property dispute between the accused's family and the victim's family, and questioning the credibility of the victim’s testimony, the court found the evidence provided by the victim to be detailed and credible. The accused's defense further claimed that the charges were fabricated due to personal vendettas, which the court found unsubstantiated.
The High Court noted the thorough evidence presented by the prosecution, including the victim's testimony, medical reports, and witness accounts from the victim’s family, which corroborated the charges against the accused. The court dismissed the defense's argument regarding the absence of corroborative evidence, such as the recovery of a mobile phone, as insufficient to undermine the victim's testimony.
Justice Badharudeen emphasized that the statutory minimum sentence of 20 years for offences under Section 6 read with Sections 5(l) and 5(m) of the POCSO Act was rightly imposed by the Special Court, and no reduction in the sentence was permissible under the law.
The judgment reinforces the judiciary's stance on stringent punishment for sexual offences against minors, aiming to serve as a deterrent and uphold the rights and protection of children under the POCSO Act.
Bottom Line:
Conviction and sentence for sexual offences under POCSO Act upheld based on detailed evidence from victim despite challenges on credibility citing family disputes and alleged motives.
Statutory provision(s): Sections 4 read with 3(a) and 3(c), 6 read with 5(l) and 5(m), 8 read with 7, 12 read with 11(iii) of the Protection of Children from Sexual Offences Act; Sections 376, 376(3) and 506(i) of the Indian Penal Code; Section 27 of the Evidence Act, 1872; Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; Section 428 of the Code of Criminal Procedure.
Vishnu @ Unni v. State of Kerala, (Kerala) : Law Finder Doc id # 2872521
