Delay in FIR Filing Not Considered Significant; Conviction for Rape and Sexual Assault on Minor Upheld
In a significant judgment, the Kerala High Court has upheld the conviction of Ashin Chacko for the offences of rape and penetrative sexual assault on a minor, as per the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and the Indian Penal Code (IPC). The judgment, delivered by Justice A. Badharudeen, dismissed the appeal filed by the appellant against the judgment dated 07.11.2024 of the Special Court under the POCSO Act, Thodupuzha, which had convicted and sentenced Chacko.
The appellant was charged under multiple sections, including IPC Sections 450, 506(i), and 376, and POCSO Act Sections 3(a)(b) read with Section 4, Section 7 read with Section 8, and Section 11 read with Section 12. The prosecution's case was that Chacko had trespassed into the victim's residence, threatened her, and committed rape and penetrative sexual assault.
Despite the defense's argument highlighting the delay in lodging the FIR, the court found the delay justified, considering the potential hesitation of the victim and her family in disclosing such incidents. The court emphasized that the victim's testimony was credible and corroborated by medical evidence and witness statements, establishing the commission of the offences beyond reasonable doubt.
The court also dismissed the appellant's contention regarding the absence of hymen, stating that even slight penetration suffices for conviction under rape and penetrative sexual assault. The Special Judge's decision not to impose a separate sentence under IPC Section 376, due to overlapping offences under the POCSO Act, was upheld by the High Court.
The High Court confirmed the sentences imposed by the Special Court, which included rigorous imprisonment and fines under various sections. The court directed the appellant to surrender before the Special Court to undergo the sentence, failing which the sentence would be executed by the court.
Bottom line:-
Protection of Children from Sexual Offences Act, 2012 - Conviction and sentencing for sexual assault and rape of a minor upheld - Delay in lodging FIR not considered significant in cases of sexual assault due to potential hesitation of the victim and family to disclose such incidents.
Statutory provision(s): Indian Penal Code, 1860 Sections 450, 506(i), 376; Protection of Children from Sexual Offences Act, 2012 Sections 3(a)(b) r/w Section 4, Section 7 r/w Section 8, Section 11 r/w Section 12, Section 42; Evidence Act, 1872
Ashin Chacko v. State of Kerala, (Kerala) : Law Finder Doc id # 2929062
