Case title – Stephen VS State of Kerala
Case no. – CRL.A No. 138 OF 2017
Decision on – March 05, 2024
Quoram – Justice P.B. Suresh Kumar & Justice Johnson John
Facts of the case
The appellant in the instant case is none other than the father of the victim. The accusation against the accused was that he penetrated his penis into the mouth of the victim who was aged 9 years then and threatened her of death, if she discloses the same to anyone.
The Special Court took cognizance of the matter and observed that when the accused was questioned on the incriminating evidence he denied the same and maintained that he has been falsely implicated in the case, with a view to avoid him at the instance of his wife, who maintains an illicit relationship with another. The Court did not find a case fit for acquittal and when called upon for evidence, the accused failed to adduce the same. Hence, the Court convicted and sentenced him to imprisonment and to pay fine for the offences punishable under Section 5(n) read with Section 6 and Section 9(n) read with Section 10 of the POCSO Act, 2012 and Section 506 Part 2 of the IPC.
Submissions on behalf of the Appellant
The Learned Counsel for the accused submitted that the there is no evidence in the case to prove the alleged act of penetrative sexual assault except the evidence tendered by PW2 and further contended that the same was not trustworthy.
He contended that even if the arguendo is accepted the sentence imposed on the accused is grossly disproportionate to the gravity of the offence alleged and pleaded the Court to rectify the same.
Issue
Whether the conviction of the accused and the sentence imposed on him are sustainable in law?
Court’s Analysis and Judgement
The Court examining the statements given by PW1(mother of the victim) and PW2(victim) observed that both of them stood by their statements and there were no instances to doubt the veracity of evidence tendered by them.
The Court noted that the evidence of the victim was the only thing on record to determine the case and it is a settled law that the evidence of the victim of a sexual assault can be the sole basis of a conviction. However, relying on the decision in Rai Sandeep v. State (NCT of Delhi) the Court pointed out that in order to base a conviction solely on the evidence of the rape victim, such evidence shall be of a sterling quality.
The Court observed that the evidence tendered by the victim in the case satisfies the requirement of a sterling witness and therefore, affirmed the decision of the Special Court. The Court also upheld the charges framed against the accused and the punishment imposed on him by the Special Court.
The Kerala High Court, thereby, rejected the appeal of an accused and convicted him under POCSO Act for committing aggravated penetrative sexual assault on his nine-year-old daughter.
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Judgement Reviewed by – Keerthi K
