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The Kerala High Court has ruled that delay in filing a complaint of child sexual assault cannot be a ground to dismiss the case, upholding the 2016 conviction of a Palakkad man. A Bench of Justice A. Badharudeen dismissed the appellant's challenge against his conviction and sentence in the case involving the sexual assault of an 11-year-old girl in December 2010.
The incident occurred when the girl was alone at home, and the accused allegedly threatened her, carried out a sexual assault, took photographs, and warned her against disclosure by threatening to kill her father. The First Information Report (FIR) was filed 15 days after the incident, which the court found was due to genuine fear and intimidation.
Justice Badharudeen held that the delay in lodging the complaint was adequately explained and did not weaken the prosecution's case, emphasizing that courts must consider the circumstances of child victims. The court confirmed the trial court's findings and sentence.
The appellant has been directed to surrender before the trial court in Palakkad within 10 days, failing which non-bailable warrants will be issued.