Back
N. ANAND VENKATESH
A. Muthupandi – Appellant
Versus
State Rep. by the Inspector of Police – Respondent
JUDGMENT (COMMON)
Crl.A.No.245 of 2016 has been filed by the appellant/accused aggrieved by his (i) conviction under Section 376(2)(f) of the Indian Penal Code (hereinafter called the Code) and (ii) sentence to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/- and in default, to undergo one year rigorous imprisonment.
2. Crl.A.No.154 of 2017 has been filed by the State seeking for enhancement of the punishment imposed on the accused in the same judgment on the ground that the Trial Court failed to impose the minimum sentence that has been prescribed under Section 376(1) of the Code.
3. The case of the prosecution is as follows:—
(i) The victim girl - P.W.2 was aged about 5 years at the time of occurrence. On 27.1.2010 at about 5 PM, the accused, who was a neighbour, was said to have taken the victim girl into his house, removed the undergarments of the victim girl and committed penetrative sexual assault against the victim girl. The victim girl told her parents that she was experiencing pain in her vagina. When enquired by the mother, the victim girl explained about the incident.
(ii) A complaint - Ex.P.1 was given by P.W.1 - the father of the victim
(1) Competency of a child witness – A child will become incompetent only in cases where Court considers that child was unable to understand questions and answer them in a coherent and comprehensible ....
The judgment establishes the importance of the victim child's evidence, the competency of child witnesses, and the need for stern punishment in cases of child sexual abuse.
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
In sexual assault cases involving minors, the sole testimony of the victim is sufficient for conviction if the account is consistent and credible. Procedural omissions such as failing to conduct a pr....
Point of Law : Section 42 and Section 42A of POCSO Act, if accused is convicted under provisions of IPC as well under POCSO Act, higher punishment is required to be imposed.
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
