Kerala High Court Says Juvenile Justice Act Not Sole Method to Determine Age of POCSO Victim

The Kerala High Court upheld the conviction of an accused under the POCSO Act and IPC, holding that the Juvenile Justice Act is not the only method to determine the age of a POCSO victim.

The Court said Special Courts can rely on oral and documentary evidence under the law of evidence, including birth certificates and witness testimony.

It observed that once foundational facts are proved and the victim’s evidence is consistent, the statutory presumption under Section 29 of the POCSO Act applies.

Finding the victim’s age sufficiently proved, the Court dismissed the appeal and affirmed the sentence.

[Suresh K. v. State of Kerala]