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Kumar @ Kumaresan – Appellant
Versus
State, Represented by the Inspector of Police, Erode – Respondent
JUDGMENT :
R.N. Manjula, J.
(Heard through video conference)
(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the judgment of conviction and sentence dated 21.08.2017 passed in Special Case No.14 of 2017 on the file of the Additional Sessions Judge, Magalir Neethimanram (Fast Track Mahila Court) Erode.)
1. This Criminal Appeal has been filed against the judgment of conviction and sentence dated 21.08.2017 passed in Special Case No.14 of 2017 on the file of the Additional Sessions Judge, Magalir Neethimanram (Fast Track Mahila Court) Erode.
2. The facts of the case in brief is as under:
The victim boy is the son the defacto complainant. On 17.11.2016, the victim boy went to his grandmother’s house and stayed there. Next day morning at about 9.00 a.m., he went to school by a mini bus. After the school was over, he did not reach back to his parents’ house. On the way to his home he got down at Erode bus stand and was urinating behind the bus. The accused who came there in a motorcycle took the victim boy by telling that he would drop him at his house. As the accused took a different road, the victim boy questioned him. The accused threatened the victim boy an
Testimony of the victim in sexual offences carries significant weight, and absence of physical evidence does not negate conviction if the testimony is consistent and credible.
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
The testimony of a victim in cases of sexual offences is vital and can be relied upon without corroboration, unless there are compelling reasons to seek corroboration.
In cases of sexual offenses, the victim's testimony alone can be sufficient for conviction, and the victim's testimony should be given weight without always seeking corroborative evidence.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The victim child's testimony and the lack of corroborative medical evidence can be sufficient to establish guilt in cases of aggravated penetrative sexual assault on a child under the POCSO Act.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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