6 min readNew DelhiMar 3, 2026 10:46 AM ISTThe girl's testimony remained consistent and withstood detailed cross-examination, the Kerala High Court emphasised. (Image generated using AI)Kerala High Court news: More than a decade after an 11-year-old girl quietly carried the trauma of sexual assault during her 2014 Onam holidays, the Kerala High Court has reaffirmed that her voice, not the condition of her hymen, forms the cornerstone of justice.Justice A Badharudeen dismissed an appeal filed by the convict, upholding his 2019 conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and confirming the sentence of seven years’ rigorous imprisonment imposed by the special POCSO court in Kozhikode.“Hymen rupture or vaginal injury is not an essential ingredient to prove the offence of penetrative sexual assault, since penetration would occur even without rupture/breakage of hymen. To put it otherwise, absence of injuries on vagina does not negate penetration and hymen may remain intact even after penetration…any act of manipulation on any part of the body of the child so as to cause penetration to the vagina itself would attract the offence under Section 3(a) of the POCSO Act,” the court said on February 23.Also Read | ‘Each life lost, failure of governance’: Why Kerala High Court summoned top officials over man-animal conflictHoliday visit turned traumaticThe case dates back to September 2014, when the minor girl, then a Class 5 student, had gone to stay at her maternal aunt’s house during Onam vacation.According to the prosecution, one night, while she was asleep in a bedroom, the accused entered the room.In her testimony before the trial court, the child said she felt pain in her vagina and saw the accused beside her.She told the court that he gagged her mouth and threatened to kill her if she disclosed the incident to anyone.Too frightened to speak immediately, she returned home after the holidays but began showing signs of distress.Her mother later deposed that the child became withdrawn, sleepless, and dependent, frequently complaining of pain in her body and legs.When her condition did not improve, she was taken first to a local hospital and then to the Government General Hospital, Kozhikode.During counselling there, the girl disclosed the assault.Her statement led to the registration of a First Information Report (FIR) in 2014. Justice A Badharudeen dismissed the convict’s appeal under the POCSO Act.Trial, conviction in 2019After examining 15 prosecution witnesses and multiple documents, the Special Court for POCSO cases in Kozhikode, on February 11, 2019, found the accused guilty under Section 3(a) read with Section 4 of the POCSO Act.He was sentenced to seven years’ rigorous imprisonment, a fine of Rs 50,000, and two years’ additional imprisonment on default of paymentCompensation to be paid to the victim from the fine amount.The accused challenged the conviction before the high court in 2020.Defence argument: No direct proof of penetrationBefore the high court, the defence argued that the victim had not clearly described penetrative sexual assault. It also relied on what it termed conflicting medical evidence.While a paediatrician testified that examination revealed a torn hymen and congested labia minora, a later certificate issued by another doctor (PW6) recorded the hymen as intact and found no signs of violation.The defence contended that in the absence of clear medical corroboration, the conviction could not stand.Also Read | ‘Threat to economy’: Why Kerala High Court refused bail to former co-operative bank chief in ‘Rs 101 crore scam’Court’s reasoning: Penetration can be inferredAny act of manipulation on any part of the child’s body so as to cause penetration to the vagina itself would attract the offence under Section 3(a) (penetrative sexual assault) of the POCSO Act, the court observed.The special court is right in finding that the accused committed the offence under Section 3(a), punishable under Section 4 (punishment for penetrative sexual assault) of the Act.Therefore, the conviction does not require any interference.The survivor deposed about pain in her vagina and that she found the accused near her.Noticing this fact, the accused threatened the survivor with dire consequences in the event of disclosure of the same to anybody.This subsequent conduct of the accused would show that he had done some sexual act – penetration on the girl’s vagina.Though she did not know what was the specific overt act done by the accused, there was penetration of her vagina.Victim’s testimony consistentThe court emphasised that the child’s testimony remained consistent and withstood detailed cross-examination.Allegations of a family property dispute leading to a false case were found to be unsubstantiated.Sentence can’t be reducedThe court also considered whether the sentence could be reduced.It noted that at the time of the offence in 2014, the minimum punishment under Section 4 of the POCSO Act was seven years.The 2019 amendment, increasing the minimum to 10 years, did not apply retrospectively.Since the trial court had already imposed the statutory minimum, there was no scope for reduction.The appeal was accordingly dismissed.Also Read | 38 students, 1 wrong code: Kerala High Court saves Class 10 CBSE Board exam candidates from ‘clerical’ nightmareMultiple POCSO convictionsThe court recorded that the accused has multiple convictions under the POCSO Act in separate cases and is currently undergoing imprisonment in other matters as well.He is yet to begin serving the sentence imposed in the present case.With the dismissal of the appeal, the high court directed that a copy of the judgment be forwarded to the special court for further steps.Appeal dismissedDismissing the appeal, the high court directed the registry to forward a copy of the judgment to the special court for information and further steps.Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More © IE Online Media Services Pvt Ltd