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Synopsis

The Kerala High Court has dismissed appeals filed by two men convicted and sentenced to three years imprisonment for sexually abusing a minor boy, affirming the trial court’s findings under Section 377 (Unnatural Offences) of the Indian Penal Code (IPC).

The court, presided over by Justice C.S. Sudha, rejected the appellants’ claims that the survivor’s testimony was unreliable due to his admission of smoking. “Merely because PW5 (the survivor) admitted that he used to smoke, would not be a ground to conclude that he is of a deviant character. Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable,” the court stated.

The prosecution alleged that the two accused, Subair and Abdul Salam, lured a 16-year-old boy into their car, took him to an isolated location, forcibly made him drink alcohol, and committed carnal intercourse “against the order of nature.” The trial court found the men guilty based on the survivor’s testimony and corroborative medical evidence.

On appeal, the accused contended that the victim was of “deviant character,” citing his habits, including smoking, and argued that his testimony lacked reliability and credibility. The appellants argued that the boy’s testimony was inconsistent, claiming that he had fabricated the account to avoid blame for consuming alcohol. It was further claimed that the trial court ought not to have convicted the accused persons based solely on the testimony of the survivor as the same was not of ‘sterling quality’.

The court refuted these claims, emphasising that an adolescent’s indulgence in smoking does not render their testimony unreliable or indicate deviant character. It further noted that the evidence of the survivor provided a clear, consistent account of the overt acts of the accused, and that the medical evidence supported his testimony, with the examining doctor confirming signs of abuse.

Also rejecting the assertion that the survivor’s allegations were fabricated, the court remarked: “It is highly improbable and unlikely for PW5 to have fabricated such a false story against the accused persons especially when he has no motive or reason(s) to do so. No evidence or materials have been brought on record to show that the accused had any prior acquaintance with PW5 and that due to some enmity, a false allegation has been raised.”

The court concluded that the appeal was sans merit. Dismissing the appeals, the court reiterated that there were no grounds to disbelieve the survivor’s testimony, bolstered by medical evidence.

 

Cause Title: Abdul Salam v State of Kerala & Connected Matter [Crl.A No. 64 of 2014 & Connected Matter]

Appearances: For the Appellant / Accused- Advocates Babu S. Nair and K.Rakesh; For the Prosecution- Senior Public Prosecutor Vipin Narayan