Appellant's arguments on victim's age and evidence dismissed; Court emphasizes statutory presumption under POCSO Act
In a significant ruling, the Kerala High Court has dismissed the appeal of Suresh K., affirming his conviction and 10-year sentence for repeated sexual assaults on a minor under the Protection of Children from Sexual Offences (POCSO) Act. The judgment, delivered by Justice Bechu Kurian Thomas, underlined the importance of evidence quality and statutory presumptions in POCSO cases.
The appellant, Suresh K., was convicted by the Special Court for Atrocities against Women and Children in Kasaragod for offences under sections 376(2)(i) and 376(2)(n) of the Indian Penal Code and sections 5(l) and 6 of the POCSO Act. The court found him guilty of committing repeated sexual assaults on a 13-year-old girl between September 2015 and February 2016.
The defense argued that the victim's age was not established as per law, questioning the validity of the birth certificate presented. However, the High Court upheld the prosecution's evidence, noting that the victim's testimony, corroborated by medical evidence, was of "sterling quality." The court also pointed out that the absence of the child's name in the birth certificate did not invalidate it, as it was supported by oral testimony.
Justice Thomas emphasized that the statutory presumption under Section 29 of the POCSO Act, which places the burden of proof on the accused once the foundational facts are established, played a crucial role in this case. The court noted that the victim's unwavering testimony and the corroboration by medical and supporting witnesses met the criteria for this presumption.
The judgment further clarified that while the Juvenile Justice Act provides a framework for determining age, it is not the exclusive method for POCSO cases. The court stressed that any reliable evidence, including oral testimony, could be used to determine the age of a victim.
In dismissing the appeal, the High Court upheld the lower court's decision on compensation under the victim compensation scheme, reinforcing the importance of supporting victims in such cases. The ruling underscores the judiciary's commitment to stringent enforcement of laws protecting minors from sexual offences.
Bottom Line:
Protection of Children from Sexual Offences (POCSO) Act - Age determination of victim - Age of a victim can be determined by any of the modes available under law, including oral evidence, birth certificates, or other admissible evidence, and not necessarily only as per the Juvenile Justice Act. Absence of the name of the child in the birth certificate does not render it invalid, especially when corroborated by oral evidence.
Statutory provision(s): Indian Penal Code, 1860 Section 376(2)(i), 376(2)(n); Protection of Children from Sexual Offences Act, 2012 Sections 5(l), 6, 34(2); Juvenile Justice (Care and Protection of Children) Act; Evidence Act, 1872 Section 3
Suresh.K v. State of Kerala, (Kerala) : Law Finder Doc Id # 2820551
