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A. D. JAGADISH CHANDIRA
K. Anantha Perumal – Appellant
Versus
Inspector of Police, Theni Police Station, Theni – Respondent
JUDGMENT :
The Criminal Appeal has been filed by the appellant against the judgment of conviction dated 17.2.2016 made in Spl.S.C.No.57 of 2015 convicting him under Section 6 of Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo 10 years rigorous imprisonment and to pay fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a period of one year.
2. The allegation against the appellant/accused is that he had induced PW3, the victim minor girl by name Divya, daughter of P.Ws.1 and 2, made her to elope with him to Thekkadi and Coimbatore and had forcible intercourse with her.
3. The facts that give rise to filing of the present Criminal Appeal, in brief, are as under:-
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The main legal point established in the judgment is the reliance on documentary evidence, such as the victim's school certificate, and the testimony of the victim to determine the accused's guilt und....
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
Rape – Consent of minor has no legal sanctity.
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