The Kerala High Court has ruled that in cases under the Protection of Children from Sexual Offences (POCSO) Act, the age of a survivor can be conclusively established through a matriculation certificate or an equivalent educational record. The court observed that when such a certificate is available and duly proven, it constitutes the highest category of evidence for age determination, and no further evidence is required.
Background of the Case
Justice A. Badharudeen made this ruling while dismissing an appeal filed by a 41-year-old dance teacher from Malappuram. The appellant had challenged his conviction and sentence of 10 years of rigorous imprisonment in a POCSO case. According to the prosecution, the accused sexually assaulted a 16-year-old girl, who was his dance student, at his dance school in March 2014. Subsequently, in December 2014, the survivor gave birth to a child.
Evidence Presented by Prosecution
To establish the survivor's age, the prosecution primarily relied on her Secondary School Leaving Certificate (SSLC) book, which indicated that she was born in 1997. Additionally, a certificate issued by the principal of the school she attended was produced, which was extracted from the school admission register and recorded her date of birth.
Arguments of the Accused
The accused contended that these documents could not be relied upon as the sole basis for proving the survivor's age. He argued that the best evidence had not been adduced to establish the victim's age so as to attract the offences under the POCSO Act. However, the court was not persuaded by this argument.
Court's Ruling
Relying on earlier rulings and judicial precedents, the court held that the age of a victim in POCSO cases can be conclusively established through a matriculation certificate or an equivalent educational record. The bench noted that such documents are considered reliable and authoritative, and once proven, they eliminate the need for further evidence regarding age. Consequently, the appeal was dismissed, upholding the conviction and sentence of the dance teacher.
