Court dismisses appellant’s plea of false implication and delay in FIR; victim’s credible testimony and corroborative evidence lead to confirmation of ten-year imprisonment and fine
In a significant judgment delivered on September 1, 2026, the Kerala High Court upheld the conviction of Reji, the appellant, for aggravated sexual assault on a minor girl, affirming the verdict of the Special Court under the Protection of Children from Sexual Offences Act (POCSO Act). The Court confirmed the sentence of ten years’ simple imprisonment and a fine of Rs. 50,000, rejecting the appellant’s contentions of false implication and delay in filing the FIR.
The case originated from an incident dated November 17, 2014, where the accused was alleged to have forcibly dragged the 17-year-old victim to the courtyard of her house, tied her hands to the root of a jackfruit tree, and committed aggravated sexual assault. The victim’s testimony was detailed and consistent, and although she admitted to a prior love relationship with the accused, the Court clarified that consensual relationships are irrelevant when the victim is a minor.
The appellant argued that the FIR was delayed, and that he had been falsely implicated following another case registered against him for assaulting the victim’s father. The Court found the delay satisfactorily explained and noted that the assault on the father was a consequence of the victim’s disclosure of the sexual assault, thus reinforcing the prosecution’s narrative rather than undermining it.
Medical evidence, including the victim’s examination and potency tests of the accused, corroborated the victim’s account. Additionally, eyewitness testimony and scene investigation reports supported the prosecution’s case. The Court also addressed minor discrepancies, such as the absence of explicit mention of the jackfruit tree in the scene mahazar, explaining that some trees had been cut down post-occurrence, which did not detract from the credibility of the evidence.
Rejecting the defense’s claim of false implication and the argument that the victim’s evidence was unreliable, the Court described the victim’s testimony as “reliable and of sterling quality.” The Court underscored the principle that protection of children under the POCSO Act is paramount and that the minimum statutory punishment imposed by the Special Court was appropriate and should not be reduced.
The appeal was dismissed, the conviction and sentence were confirmed, and the previously granted bail to the accused was cancelled. The judgment sends a strong message about the judiciary’s commitment to protecting minors from sexual offences and upholding the provisions of the POCSO Act.
Bottom Line:
Protection of Children from Sexual Offences Act (POCSO Act) - Conviction upheld for aggravated sexual assault on a minor victim, despite the appellant's claims of false implication and delay in filing the FIR - The victim's testimony deemed credible and reliable.
Statutory provision(s): Protection of Children from Sexual Offences Act 2012 Sections 3(a), 4(1), Indian Penal Code Sections 342, 376, 376(2)(n), 376(2)(f), Evidence Act 1872 Section 114, Code of Criminal Procedure Section 164
Reji v. State of Kerala, (Kerala) : Law Finder Doc Id # 2971403
