The Kerala High Court has upheld the conviction and 10-year jail term of a 47-year-old man from Alappuzha for sexually assaulting a minor girl.
Justice A Badharudeen dismissed the appeal filed by the accused, Reji, confirming the trial court’s verdict and directing that his bail bond be cancelled. When her father confronted Reji, a fight allegedly broke out, resulting in a police complaint. The victim subsequently gave a formal statement, leading to Reji’s arrest under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code.
The matter came to light in late 2015 when the victim confided in her aunt.
The victim initially remained silent out of fear, but the abuse continued. Addressing the defence’s claim of a personal relationship, the court observed that consent or a romantic relationship has no legal relevance when the victim is a minor. The case dates back to November 17, 2014, when the victim, then a 17-year-old student, was at her home in Veliyanadu Panchayath.
Reji dragged the girl into the courtyard, tied her hands to the root of a nearby tree, and sexually assaulted her, according to the prosecution.
The court held that the victim’s testimony was reliable and consistent.
Rejecting these arguments, Justice Badharudeen said minor discrepancies regarding description of the trees at the scene did not undermine the prosecution’s case, noting that investigation had recorded the presence of tree roots in the courtyard.
