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It is evident that the lack of effective legal representation has not only violated the fundamental rights of the accused under Article 21 of the Constitution but also seriously prejudiced his defence in the case.
The Court stated that if the minor left immediately on being allegedly sexually assaulted by pushing away the accused where was the occasion for the accused to extend threat. The sequence of events, as narrated by the minor, does not clearly establish that the alleged threat was made with the intention to cause alarm.
“Even if there is an iota of doubt as to the sanctity of the procedure or the correctness of the evidence, the accused should be given an opportunity to disprove the earlier test result”
The Court noted that the complainant (‘victim’) and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships.
The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act and was released on bail on 08-11-2023.
Kerala High Court hinted that evidence of sexual assault victim could be the sole basis of conviction, provided that the same was of a ‘sterling quality’.