Emphasising that a trustworthy and consistent testimony of a child victim can by itself sustain a conviction under the POCSO Act, the Kerala High Court (Ernakulam Bench) has held that the child victim’s consistent testimony, supported by medical evidence and DNA profiling, was sufficient to prove aggravated penetrative sexual assault beyond reasonable doubt.
The High Court held that the minor victim gave a clear, consistent and credible account of the sexual assault, and her evidence remained unshaken during cross-examination. The DNA profiling report conclusively established that the accused was the biological father of the child born to the victim, providing strong scientific corroboration to the prosecution case. The Court ruled that, in the absence of evidence showing tampering or procedural defects, the DNA report remained reliable and could be safely relied upon along with other evidence.
The Court found that the victim’s pregnancy, delivery of a child and the medical evidence on record were fully consistent with her allegations against the accused. The Court declined to accept the defence contention that pregnancy was medically impossible based on menstrual-cycle calculations, holding that the medical evidence did not support such a theory.
Briefly, the case concerned a 14-year-old girl who alleged that the accused, a close relative, repeatedly subjected her to penetrative sexual assault in December 2020 while she was staying at the house of relatives during the Covid-19 period. Subsequently, the victim became pregnant and delivered a child in September 2021. Following investigation, the accused was charged under various provisions of the IPC and the POCSO Act. The Special POCSO Court convicted him and sentenced him to rigorous imprisonment for 20 years.
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A Single Judge Bench of Justice A. Badharudeen found that the testimony of the victim was natural, clear and consistent throughout the proceedings. The victim specifically described the incident, identified the accused, and stated that he was responsible for her pregnancy. Despite extensive cross-examination, no material contradiction or circumstance was brought out to discredit her version. The Court held that her evidence remained wholly reliable.
The Court observed that the medical evidence substantially corroborated the victim’s account. The doctors who examined the victim confirmed her pregnancy and subsequent delivery of a child. The medical records also recorded the victim’s disclosure that she had been subjected to forced sexual intercourse by the accused.
A significant piece of evidence was the DNA profiling report. The DNA examination conclusively established that, in the absence of an identical twin, the accused was the biological father of the child born to the victim. The Court rejected the defence argument that the DNA report was unreliable or could not be relied upon because its author had not been examined. It held that there was no evidence of sample tampering and the report remained unimpeached.
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The accused argued that pregnancy was medically improbable because the alleged sexual intercourse took place in the last week of December 2020, whereas the victim’s last menstrual period was in the first week of December. The Court examined the medical evidence and held that the doctor had not ruled out the possibility of pregnancy in such circumstances. Rather, the evidence showed that pregnancy remained medically possible and probable. Therefore, the defence theory was rejected.
The Court also considered the evidence of the victim’s mother regarding an extra-judicial confession allegedly made by the accused, who admitted having committed a ‘wrong’ and sought forgiveness. The Court observed that such confession could serve as corroborative evidence. However, it clarified that even without the extra-judicial confession, the prosecution case stood proved through the victim’s testimony, medical evidence and DNA report.
