The Kerala High Court has upheld a child-sexual-assault conviction and twenty-year POCSO sentence while setting aside a separate IPC sentence imposed for the same act.
Judge / Bench — Justice A. Badharudeen.
In Shaji’s appeal, decided on 13 October 2026, the court found that the child’s testimony and medical evidence established penetrative and aggravated penetrative sexual assault. It rejected the argument that the proved conduct amounted only to non-penetrative touching.
However, the Special Court had imposed a further twenty-year sentence and fine under Section 376AB IPC after sentencing him under Section 6 POCSO. Applying Section 42’s alternate-punishment provision, the High Court removed the IPC sentence while preserving the conviction and other sentences. The appeal was therefore partly allowed.
Advocates appearing — Appellant — Safna P.S. and Saurav B. State — M.A. Shihab, Public Prosecutor.