Court affirms three-year rigorous imprisonment for sexual assault on minor girl, emphasizing unchallenged oral testimony as sufficient evidence
The Kerala High Court, in a significant ruling on April 10, 2026, upheld the conviction and three-year rigorous imprisonment of Joseph @ Sabu in a case involving sexual assault under the Protection of Children from Sexual Offences (PoCSO) Act, 2012. The court dismissed the appeal challenging the Special Court's verdict, affirming the sufficiency of unchallenged oral testimony in establishing the age of the victim, a critical element in POCSO cases.
The appellant, Joseph @ Sabu, was convicted by the Special Court for offences under Section 7 read with Section 8 of the POCSO Act and Section 354 of the Indian Penal Code (IPC). The case stemmed from an incident on May 19, 2014, where the accused was alleged to have molested an eight-year-old girl in the security cabin of an apartment complex.
The defense argued that the prosecution failed to conclusively prove the victim's age, a requisite for POCSO offences, citing a lack of documentary evidence. However, the High Court, presided by Justice A. Badharudeen, referenced previous rulings, including the Division Bench decision in Biju v. State of Kerala, which held that unchallenged oral testimony of the victim and her mother suffices to establish age under the POCSO Act.
The court emphasized that while documentary proof is ideal, the unchallenged testimony of the victim and her mother, both asserting the victim's age as eight at the time of the incident, was sufficient. The judgment highlighted that the prosecution successfully proved the ingredients of the offences beyond reasonable doubt, supported by corroborative medical evidence and eyewitness testimonies.
In dismissing the appeal, the court affirmed the sentence imposed by the Special Court, citing the minimum statutory punishment under the POCSO Act. The judgment reinforces the legal stance that credible oral testimonies, particularly in sensitive cases involving children, hold substantial weight in the judicial process.
Bottom Line:
In cases under the Protection of Children from Sexual Offences (POCSO) Act, unchallenged oral testimony of the victim and her mother regarding the age of the victim is sufficient to prove the age of the victim as below 18 years, as per the provisions of the Indian Evidence Act.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Sections 7, 8, 42; Indian Penal Code, 1860 - Section 354; Indian Evidence Act, 1872 - Section 134.
Joseph @ Sabu v. State of Kerala, (Kerala) : Law Finder Doc id # 2881979
