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P. N. PRAKASH, A. A. NAKKIRAN
Mani @ Manikandan – Appellant
Versus
State by the Inspector of Police, Chennai – Respondent
JUDGMENT
(Prayer: This Criminal Appeal has been filed, under Section 374(2) of Cr.PC, against the judgement of conviction and sentence, dated 29.05.2018, made in SC.No.11 of 2014, by the Sessions Judge, Magalir Neethimandram, Tiruvallur.)
A.A. Nakkiran, J.
1. This Criminal Appeal has been filed, against the judgement of conviction and sentence, dated 29.05.2018, made in SC.No.11 of 2014, by the Sessions Judge, Magalir Neethimandram, Tiruvallur.
2. In and by the impugned judgement of conviction and sentence, the Appellant/Accused was convicted and sentenced (a) for the offence under Section 365 of IPC to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (b) for the offence under Section 367 of IPC to undergo seven years Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (c) for the offence under Section 376(c)(f) of IPC to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (d) for the offence under Section 377 of IPC to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.2,00
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.
As per definition of Section 361 of IPC, if a minor was abducted from guardian, it amounts to an offence punishable under Section 363 of IPC.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
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