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P. N. PRAKASH, R. PONGIAPPAN
Vijayakumar S/o. Nataraj – Appellant
Versus
State represented by Inspector of Police, All Women Police Station – Respondent
JUDGMENT :
P.N. PRAKASH, J.
This criminal appeal is directed against the judgment and order of conviction and sentence dated 23.06.2017 passed by the Additional Sessions Court, Magalir Neethi Mandram (Fast Track Mahila Court), Erode, in Spl.S.C.No.10 of 2017.
2. This being a case under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”), we deem it necessary not to refer to the name of the victim and instead, refer to her as “X”.
3. The prosecution case is as follows:
3.1. “X” is the daughter of Shanthi-Ravi couple. Shanthi is said to be mentally retarded. The date of birth of “X” as per her school records is 05.06.2003 and accordingly, she was 14 years old during the alleged occurrence. “X” was living with her grandmother Backiyalakshmi in Periyapuliyur village and was studying in 8th standard in the Government Higher Secondary School in Periyapuliyur.
3.2. In September 2016, after the quarterly examination, “X” had holidays and so, her aunt Meenakshi (PW-1) took her to her village, Kaalingarayanpalayam, which is about 10 kms. from
Consent is irrelevant in cases involving minors, and belief in the victim's age is not a defense. Providing asylum and facilitating the commission of an offense constitute abetment under the POCSO Ac....
Point of Law - No legal compulsion to look for any other evidence to corroborate the evidence of prosecutrix before recording an order of conviction.
The main legal point established in the judgment is the requirement for conclusive evidence to establish the victim's age and the need for corroborative medical evidence in cases of alleged sexual as....
The court affirmed convictions under POCSO, emphasizing the reliability of the minor's testimony alongside corroborative evidence, permitting procedural presumptions regarding the offenses and the ro....
The court affirmed that evidence from birth certificates and credible witness testimonies sufficiently established the victim's age and the occurrence of penetrative sexual assault, meeting the prose....
The main legal point established in the judgment is the reliance on victim testimony, corroborated by medical evidence, witness statements, and a DNA report to establish guilt in a sexual assault cas....
The trial court erred in convicting under both IPC and POCSO Act without sufficient corroborative evidence, violating Section 42 of the POCSO Act regarding sentencing options.
The consistent and corroborated testimony of witnesses, supported by medical evidence, is crucial in establishing guilt in sexual offence cases, and contradictory or inconsistent defenses can weaken ....
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