The Thiruvananthapuram Fast Track Special Court (POCSO) on Saturday sentenced two men to 10 years of simple imprisonment for the sexual assault of a 17-year-old girl at a house in Akkulam. Special Judge Anju Meera Birla pronounced the verdict.

The convicts are Jishnu J Mohan (24) and Vishnu R, alias Kannan (27), both natives of Akkulam. According to the prosecution, the incidents occurred on June 27 and July 4, 2023. Jishnu, who is married, befriended the survivor at a temple and later took her to Vishnu's house in Sivasakthi Nagar, Akkulam. The duo gave the girl and her friends alcohol, and Jishnu sexually assaulted her.

The Medical College Police registered the case on July 5, 2023, based on the girl's statement while she was undergoing treatment at the Medical College Hospital. Both accused were apprehended on July 6.

While the court acquitted the duo of charges under Section 328 of the IPC (causing hurt by means of poison/intoxication) and Section 77 of the Juvenile Justice Act due to a lack of scientific evidence, such as breathalyser or blood tests, it upheld the primary charges of sexual assault.

The court relied on the SSLC certificate to confirm the survivor's minor status and accepted the scene mahazar identifying Vishnu's house as the place of occurrence. Despite the defence's argument regarding the absence of seminal stains in the forensic report, the court noted the medical officer's findings of physical injuries consistent with the survivor's testimony.

While the defence argued that the survivor and her friends had consumed alcohol of their own volition, the court reiterated the stringent protections afforded under the Protection of Children from Sexual Offences (POCSO) Act. Under the Act, the "consent" of a minor is legally non-existent, regardless of whether the individual was under the influence of a substance or had accompanied the accused voluntarily.

The judgment emphasised that the second accused, Vishnu, played a pivotal role by providing a "safe harbour" for the crime, marking a stern warning to those who abet such offences by providing logistical support.

The court awarded 10 years of simple imprisonment and a fine of ₹15,000 to Jishnu and 10 years of simple imprisonment and a fine of ₹15,000 to Vishnu. If they do not pay the fine, both will have to undergo an additional two years of imprisonment. The period of detention already undergone by the accused during the investigation and trial will be set off against their total sentence. The court also directed that the fine amount be paid as compensation to the survivor.

Special Public Prosecutor Vijay Mohan R S appeared for the state.