Kerala High Court Rules Documentary Proof of Age Not Required in POCSO Cases
Documentary proof of age not a must in cases registered under POCSO Act
The Hindu
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The Kerala High Court has ruled that in cases under the Protection of Children from Sexual Offences (POCSO) Act, documentary proof of a child's age is not necessary if the oral testimony of the child and her mother remains unchallenged. This decision upheld the conviction of a man from Kanjirappally for sexually assaulting an eight-year-old girl.
- 01Documentary proof of age is not mandatory in POCSO cases.
- 02Oral testimony from the child victim and her mother can suffice.
- 03The ruling came during an appeal by a convicted individual.
- 04The accused did not challenge the age testimony during cross-examination.
- 05The court upheld a three-year rigorous imprisonment sentence.
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The Kerala High Court has determined that documentary proof of age is not essential in cases filed under the Protection of Children from Sexual Offences (POCSO) Act, provided that the oral testimonies of the child victim and her mother regarding the child's age are consistent and unchallenged. This ruling was made during an appeal by a man from Kanjirappally who was convicted of sexually assaulting an eight-year-old girl while working as a security guard. The court noted that both the child and her mother testified that she was eight years old at the time of the incident, and the accused did not contest this during cross-examination. The court dismissed the appeal, thereby upholding the conviction and the three-year rigorous imprisonment sentence.
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This ruling may influence future POCSO cases by allowing oral testimony to be prioritized over documentary evidence, potentially streamlining legal proceedings.
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