Sole testimony of child victim corroborated by medical evidence deemed sufficient; Appeal against statutory minimum sentence dismissed
In a significant judgment delivered on October 1, 2026, the Kerala High Court dismissed the criminal appeal filed by a maternal uncle convicted for multiple sexual offences against his 12-year-old niece. The accused was found guilty of repeated penetrative and aggravated penetrative sexual assault, house trespass, kidnapping, and related offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The trial court had sentenced the accused to rigorous imprisonment for twenty years for the offences under Sections 6(1) read with 5(l) and 6(1) read with 5(n) of the POCSO Act and Section 376(3) of the IPC. The High Court confirmed the conviction and the statutory minimum sentence, holding that the evidence was of sterling quality and corroborated by medical findings, thereby justifying the verdict.
The case involved a minor girl who was threatened by the accused through WhatsApp messages, claiming possession of private videos of her bathing and changing clothes, which he used to coerce her into a relationship. The child was subjected to repeated sexual assaults at different locations, including the houses of her father and maternal grandmother. The victim initially concealed the abuse due to fear and shame but later disclosed the incidents to her parents, who filed a First Information Report (FIR).
During the trial, the court relied heavily on the sole testimony of the child victim, finding it consistent and credible despite alleged omissions in the FIR and statements by the parents, who were treated as hearsay witnesses. The medical examination report of the victim showed old hymenal tears and other indicators consistent with penetrative sexual assault, further bolstering the prosecution's case.
The defense argued that the omissions and inconsistencies in the victim's statements and the FIR rendered the testimony unreliable. However, the High Court distinguished the present case from precedent cases such as Royson v. State of Kerala, clarifying that the victim did not herself lodge the FIR, and the omissions by the informant-parents could not undermine the victim's sterling testimony.
The court also emphasized that the statutory minimum sentence prescribed under the POCSO Act and IPC could not be reduced in cases involving heinous crimes against children. The accused's appeal challenging both conviction and sentence was therefore dismissed.
This judgment reinforces the judiciary's commitment to protecting children from sexual offences and affirms the legal principle that the uncorroborated testimony of a child victim, if found reliable, can serve as the sole basis for conviction. It also clarifies the approach towards omissions in FIRs lodged by third parties, underlining that such technicalities should not impede justice in sensitive cases involving minors.
Bottom Line:
POCSO - Sole testimony of child victim, when found to be of sterling quality and corroborated by medical evidence, is sufficient to sustain conviction for penetrative and aggravated penetrative sexual assault - Omissions in FIR by hearsay informant-parents are not fatal - Minimum statutory sentence under POCSO Act and IPC cannot be reduced.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 4(2), 5(l), 5(n), 6(1), 7, 8, 9(1), 10; Indian Penal Code, 1860 Sections 363, 366A (acquitted), 376(2)(n), 376(2)(f), 376(3), 450; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415(2)
XXXXXXXXXX v. State of Kerala, (Kerala) : Law Finder Doc Id # 2992097
