The Kerala High Court has reaffirmed the conviction of a 46-year-old man accused of sexually assaulting a minor girl under the Protection of Children from Sexual Offences (POCSO) Act but modified his sentence from life imprisonment until the remainder of his natural life to 25 years of rigorous imprisonment. The division bench comprising Justice P.B. Suresh Kumar and Justice Jobin Sebastian observed that “the slightest penetration into the labia majora would constitute rape, and penile vaginal entry is not essential.”
Background of the Case
The case pertains to a brutal sexual assault on a 4½-year-old tribal girl by the appellant, Raveendran V.S., a resident of Kasaragod district. The victim, belonging to the Maratti Scheduled Tribe community, was allegedly subjected to multiple instances of rape and penetrative sexual assault by the accused, who lived in the same quarters as the child’s family. The crimes reportedly took place at the accused’s residence on August 31, September 7, and September 9, 2018.
The case came to light when the child complained of pain in her genitals to her mother, who took her to a local community health center in Bedakam. A medical examination confirmed signs of sexual assault, and the case was reported to Childline and subsequently registered by the Bedakom Police Station (Crime No. 293/2018).
Trial and Conviction
The Special Court for the trial of atrocities against women and children in Kasaragod (S.C. No. 747/2018) found the accused guilty under:
– Section 376AB IPC (rape of a child below 12 years),
– Section 6 read with 5(m) of the POCSO Act (aggravated penetrative sexual assault), and
– Sections 3(2)(v), 3(1)(w)(i), and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
The trial court sentenced Raveendran to life imprisonment until the remainder of his natural life along with a fine of ₹25,000.
Appeal and Judgment
Raveendran challenged his conviction before the Kerala High Court, arguing that the prosecution relied solely on the child’s testimony and that there was no conclusive medical evidence of penetration. His counsel, Advocates T.G. Rajendran and T.R. Tarin, contended that mere redness on the labia majora was insufficient to prove rape.
The High Court, while dismissing the appeal, held that:
1. The testimony of the minor victim was credible and sufficient for conviction.
2. Medical evidence corroborated the child’s allegations, with doctors observing redness and abrasions in the genital area.
3. Penile penetration into the vagina was not necessary to constitute rape. Citing previous judgments (Chenthamara v. State of Kerala [2008 (4) KLT 290] and Tarkeshwar Sahu v. State of Bihar [(2006) 8 SCC 560]), the court reaffirmed that penetration of the labia majora suffices for a conviction under Section 376 IPC.
Key Observation of the Court
“It is obvious that penile vaginal entry, namely the actual passing of the penis into the vagina, is not essential to constitute rape. Even penile access towards the vagina, without there being any entry of the penis, would constitute rape if the penis gets physical contact with any external portions of the female genital organ, such as the vulva or labia majora.”
Sentence Modification
While upholding the conviction, the court reduced the sentence from life imprisonment (remainder of natural life) to 25 years rigorous imprisonment, citing that such a modification would still serve the interests of justice. The fine of ₹25,000 remained unchanged, with a default clause of two years rigorous imprisonment.
