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LOK 2026 (11) Ker. 56 · High Court of Kerala

Ummer v. Station House Officer

Equivalent citations: 2026 KER 85738

SubjectCriminal Law, POCSO
JudgesJustice Raja Vijayaraghavan V, Justice K.V. Jayakumar
ActsProtection of Children from Sexual Offences Act, 2012, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, 8, 9 and 10, Protection of Children from Sexual Offences Act, 2012, Code of Criminal Procedure, 1973, Indian Penal Code, 1860

POCSO proceedings cannot ordinarily be quashed solely on a settlement or on the victim’s no-objection affidavit after attaining majority, even for offences of lesser gravity; the inherent power remains for proceedings that are frivolous, vexatious or an abuse of process.

LOK 2026 (9) Ker. 96 · High Court of Kerala

Sreekala @ Kala v. State of Kerala

Equivalent citations: 2026 (9) KLR 93 : 2026 KER 68690

SubjectPOCSO
JudgesJustice A. Badharudeen
ActsProtection of Children from Sexual Offences Act, 2012, Bharatiya Nyaya Sanhita, 2023, Protection of Children from Sexual Offences (POCSO) Act 2012

In cases of sexual molestation, the testimony of the victim alone is sufficient for conviction if the evidence is found to be wholly reliable and of sterling quality. Appeals by accused Nos. 1 to 4 dismissed; conviction and sentence confirmed by the Court.

LOK 2026 (9) Ker. 72 · High Court of Kerala

Mohammed Rijas v. State of Kerala

Equivalent citations: 2026 (9) KLR 71 : 2026 KER 67823

SubjectPOCSO
JudgesJustice A. Badharudeen
ActsProtection of Children from Sexual Offences Act, 2012, Bharatiya Nyaya Sanhita, 2023

The Court held that the testimony of a child victim in cases of sexual assault qualifies as "sterling witness" testimony if the version is consistent, truthful, and inspires the confidence of the Court. The credibility of such a witness is not diminished by minor omissions…

LOK 2026 (9) Ker. 11 · High Court of Kerala

Thomas Thomas v. State of Kerala

Equivalent citations: 2026 (9) KLR 1 : 2026 KER 66530

SubjectPOCSO
JudgesJustice A. Badharudeen
ActsProtection of Children from Sexual Offences Act, 2012, Protection of Children from Sexual Offences (POCSO) Act 2012

Definition under Section 3(d) does not mandate oral sex or deeper penetration – Any intentional physical contact where the mouth is applied to the specified private parts (penis, vagina, anus, or urethra) of a child satisfies the statutory requirement – Kissing the penis of a…

LOK 2026 (9) Ker. 14 · High Court of Kerala

Reji v. State of Kerala

Equivalent citations: 2026 (9) KLR 16 : 2026 KER 66679

SubjectPOCSO
JudgesJustice A. Badharudeen
ActsProtection of Children from Sexual Offences Act, 2012, Bharatiya Nyaya Sanhita, 2023

Allegation of false implication due to prior enmity – Whether minor victim’s testimony reliable – Held, the testimony of the minor victim, if found consistent and credible, constitutes sterling evidence – Claims of prior enmity between accused and victim’s family or alleged love relationship are…