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D. BHARATHA CHAKRAVARTHY
Moorthi – Appellant
Versus
State of Tamilnadu represented by Inspector of Police – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, to set aside the order of conviction imposed as against the appellant by the judgment, dated 14.09.2021 made in Spl.S.C.No.42 of 2018 passed by the learned Sessions Judge, Fast Track Mahila Court at Krishnagiri and acquit the appellant from all charges.)
A complaint by post was received at the Kallavi Police Station, on 10.04.2017 from P.W.1, to the effect that, on 04.04.2017 at about 9.30 A.M, when P.W.1’s grandson, namely victim child, aged 4 years was playing near the house, the appellant took him by holding his hand and after some time, the victim child was found lying naked with blood in his ear, mouth and nose and the appellant/accused had committed oral penetration and even though she took up the matter with the other residents of the village, they had directed her to go to the Police Station and therefore, she has lodged the complaint.
2. On the strength of the said allegation, a case in Crime No.44 of 2017 under Section 3(A) read with 4 of the POCSO Act, 2012 was registered and P.W.14 took up the case for investigation and laid a Final Report, after completion of the investigation, propos
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 victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The court clarified the distinction between sexual assault and aggravated penetrative sexual assault under the POCSO Act, emphasizing the need for evidence of penetration to establish the latter.
The absence of penetration is critical for a conviction under Sections 5(i) and 6 of the POCSO Act, but the presence of injuries can still lead to a conviction for aggravated sexual assault under Sec....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
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