Sole Testimony of Victim Found Sufficient; Minimum Statutory Sentence Imposed
In a significant ruling, the Kerala High Court has upheld the conviction and three-year sentence of Ebin A.V., the appellant in the case of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The judgment, delivered by Justice A. Badharudeen, dismissed the appeal against the Special Court's decision that convicted the accused under Sections 7 and 8 of the POCSO Act.
The appellant had challenged the conviction and sentence, arguing that the prosecution failed to establish the fundamental basis of the case, pointing out inconsistencies in the victim's testimony and questioning the validity of the evidence presented. However, the High Court found that the sole testimony of the victim was reliable and unchallenged during the trial, thus sufficient for upholding the conviction.
The Court emphasized that the victim's evidence, despite her being declared hostile on some counts, was corroborated by other witnesses and documentary evidence, including the birth certificate which established her minority. The judgment clarified that the mere declaration of the victim as hostile on certain points does not invalidate her entire testimony, especially when the essential ingredients of the offence have been proven by the prosecution.
Furthermore, the Court rejected the appellant's claim that the potency test violated his right to privacy under Article 21 of the Constitution. Justice Badharudeen noted that such tests are legally permissible in criminal cases without the accused's consent. The contention regarding ineffective assistance of counsel was also dismissed, as the appellant was represented by a lawyer of his own choice, and no incompetence was demonstrated.
The appellant's argument that the POCSO Act's age threshold was arbitrary and unconstitutional was not entertained, as the Act clearly defines a minor as anyone under 18. The Court also dismissed the allegation regarding the invalidity of the medical certificate, noting that procedural lapses do not necessarily deprive it of evidentiary value.
Reiterating the legal position that the minimum statutory sentence prescribed under the POCSO Act is mandatory, the Court refused any reduction in the three-year rigorous imprisonment sentence, along with a fine of Rs. 10,000 imposed by the Special Court. Justice Badharudeen concluded that none of the appellant's contentions held merit for interfering with the Special Court’s verdict, thereby dismissing the appeal.
The High Court's decision underscores the importance of the victim's testimony in sexual offence cases and reiterates the statutory requirements under the POCSO Act, reflecting a firm stance on crimes against minors.
Bottom line:-
Conviction under Section 7 read with 8 of the POCSO Act upheld based on the testimony of the victim, corroborated by other witnesses and documentary evidence. The sole testimony of the victim, if reliable and unchallenged, is sufficient to convict under POCSO provisions.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 7, 8; Constitution of India - Article 21; Criminal Procedure Code, 1973 Section 374(2).
Ebin A.V. v. State of Kerala, (Kerala) : Law Finder Doc id # 2917871
