The Kerala High Court has affirmed the conviction of two men for sexually abusing a minor, rejecting defense arguments challenging the survivor's credibility.
In a landmark ruling, Justice C.S. Sudha dismissed appeals by Subair and Abdul Salam, who were sentenced to three years imprisonment under Section 377 of the Indian Penal Code. The Court rejected claims that the 16-year-old survivor was unreliable due to smoking habits.
"Merely because the survivor smoked does not make him of deviant character. Youngsters are prone to mistakes during their teens," the court stated.
The prosecution proved the accused forcibly took the victim to an isolated location and committed sexual assault. The court found no evidence supporting the defense's claim of false allegations.
The judgment underscores judicial commitment to protecting vulnerable victims and maintaining evidentiary standards in sexual abuse cases.
Legal Representation: Advocates Babu S. Nair and K.Rakesh for Appellants; Senior Public Prosecutor Vipin Narayan for State
Cause Title: Abdul Salam v State of Kerala [Crl.A No. 64 of 2014]
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