The Kerala High Court has affirmed the conviction and life imprisonment handed to an autorickshaw driver for sexually assaulting a minor schoolgirl, dismissing his appeal even though the convict died while the matter remained pending before the court.
A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar ruled that the trial court’s guilty verdict required no intervention, concluding that the survivor’s account of the assault remained steadfast and credible.
The case originated from incidents occurring during 2012 and 2013, when the 55-year-old driver was responsible for ferrying the victim, then a Class 4 student, to and from her school. Following a trial, the Sessions Court found him guilty, handing down a sentence of life imprisonment along with a financial penalty.
Continuance of Appeal Despite Appellant’s Death
Although the appellant passed away during the pendency of the appeal proceedings, the High Court elected to continue hearing the challenge on its merits. Under established legal procedure, appellate review continues despite an appellant’s death when the challenge involves a composite sentence comprising both a prison term and a fine.
Reliability of the Child’s Evidence
In assessing the grounds of appeal, the bench examined arguments alleging contradictions in the child’s statement. The judges determined that any purported discrepancies did not strike at the foundation of the prosecution’s case or compromise the core elements of the victim’s narrative.
The court pointed out that the Sessions Judge possessed the direct advantage of observing the child’s demeanour during examination and evaluating her statement against the broader evidentiary record. After carrying out an independent appraisal of all available evidence, the High Court found no material contradictions that would justify setting aside the testimony.
Finding no justification to alter the trial court’s conclusions, the High Court formally dismissed the appeal and sustained the finding of guilt, conviction, and sentence.
