Kerala High Court Upholds Conviction of Security Guard in POCSO Case Based on Child's Testimony
No age proof? Why Kerala High Court upheld a POCSO conviction based on an 8-year-old’s word
The Indian Express
Image: The Indian Express
The Kerala High Court upheld the conviction of a security guard for sexually assaulting an eight-year-old girl, affirming that her consistent testimony, supported by her mother, sufficed as evidence despite a lack of documentary proof of age. The court confirmed a three-year prison sentence for the accused.
- 01Kerala High Court confirmed the conviction of a security guard for sexually assaulting an eight-year-old girl.
- 02The court emphasized that consistent testimony from the child and her mother was adequate proof despite no documentary evidence of age.
- 03The accused received a three-year sentence under the Protection of Children from Sexual Offences (POCSO) Act.
- 04The court stated that the prosecution must prove the victim's age, but reliance can be placed on testimonies if not effectively challenged.
- 05The accused's appeal against the conviction was dismissed, and he must surrender to serve his sentence.
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The Kerala High Court recently upheld the conviction of a security guard for sexually assaulting an eight-year-old girl, reinforcing the importance of the child's testimony. On April 10, Justice A Badharudeen dismissed the accused's appeal, affirming the trial court's ruling under the Protection of Children from Sexual Offences (POCSO) Act. The court noted that the child's consistent statements, corroborated by her mother, were sufficient evidence despite the absence of documentary proof of her age. In May 2014, the girl was reportedly lured into a gate by the accused under the pretense of showing her a camera, leading to the assault. Following the incident, the girl informed her mother, resulting in a First Information Report (FIR) and medical examination. The trial court had previously sentenced the accused to three years of rigorous imprisonment. The High Court emphasized that while the prosecution must prove the victim's age, the testimonies of the survivor and her mother could be relied upon if not effectively challenged in cross-examination. Consequently, the accused's bail was revoked, and he was ordered to surrender to serve his sentence.
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This ruling reinforces the importance of child testimony in sexual assault cases, potentially influencing future legal proceedings under the POCSO Act.
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