Conviction and Sentence for Penetrative Sexual Assault Under POCSO Act Affirmed by Justice A. Badharudeen
The Kerala High Court, presided over by Justice A. Badharudeen, has upheld the conviction and sentence of Noufal, the appellant, in a significant case under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The appeal, challenging the conviction and sentence handed down by the Special Court in Kozhikode, was dismissed on February 23, 2026.
Noufal was convicted for committing penetrative sexual assault on an 11-year-old girl during the Onam holidays in 2014, an offence punishable under Section 3(a) read with Section 4 of the POCSO Act. The Special Court had sentenced him to seven years of rigorous imprisonment and imposed a fine of Rs. 50,000, with an additional two years of rigorous imprisonment in default of payment.
The defense, represented by State Brief Advocate Anna Linda Eaden, argued that the evidence was insufficient to establish the offence beyond reasonable doubt, pointing to discrepancies in the medical reports regarding the victim's hymen. However, the prosecution, led by Public Prosecutor Vipin Narayanan, relied on the victim's testimony and medical evidence, which corroborated the allegations of sexual assault.
Justice Badharudeen noted the victim's consistent testimony, the corroborative medical evidence indicating a torn hymen and congested labia minora, and the accused's subsequent threats as strong evidence supporting the conviction. The court emphasized that the absence of physical injuries does not negate the occurrence of penetration, thus upholding the Special Court's judgment.
The appeal also raised the issue of sentence reduction, citing amendments to the POCSO Act that increased the minimum sentence to ten years. However, Justice Badharudeen found no grounds for reducing the sentence, as it was the minimum applicable at the time of the offence.
The court dismissed the appeal, affirming the conviction and sentence, and directed the registry to communicate the judgment to the Special Court for further proceedings.
Bottom Line:
Conviction for penetrative sexual assault under Section 3(a) punishable under Section 4 of the POCSO Act upheld. Evidence of the victim corroborated by medical testimony and subsequent conduct of the accused supports the conviction.
Statutory provision(s): Sections 3(a) and 4 of the Protection of Children from Sexual Offences Act, 2012, Section 374 of the Code of Criminal Procedure, 1973.
Noufal v. State of Kerala, (Kerala) : Law Finder Doc id # 2860537
