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V. SIVAGNANAM
Nanjundan – Appellant
Versus
State, Rep. by the Inspector of Police, Erode – Respondent
JUDGMENT
(Prayer: This Criminal Appeal has been filed under Section 374(2) Cr.P.C. to set aside the judgment passed by the Sessions Court, Magalir Neethi Mandram, Fast Track Mahila Court at Erode in Spl.S.C.No.45 of 2020 dated 28.07.2022 by which convicting the appellant for the offence under Section – 5(m) punishable under Section 6 of the Protection of Children from Sexual offences Act – 2012.)
1. Challenging the impugned judgment dated 28.07.2022 passed in Spl.S.C.No.45 of 2020 by the Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode, the present criminal appeal has been filed.
2. The fact of the case is that the appellant is an accused in Spl.S.C.No.45 of 2020 on the file of the Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode. The victim child is aged about 12 years and the accused is her relatives. On 24.11.2019 at about 5.00 p.m. when the victim was alone in her house, the accused entered into the house and locked the door and hugged and kissed her and pressed the breast and removed the dresses and had pressed his penis into her vagina. Thus, he committed penetrative sexual assault upon the victim child. Thereafter, the victim chil
Credibility of witness testimony, impact of minor contradictions, and the significance of delay in lodging a complaint in cases of sexual offences against children.
A statement under Section 164 Cr.P.C. cannot serve as substantive evidence for conviction without corroborating evidence, especially when key witnesses turn hostile.
The court reaffirmed that convictions must be based on credible evidence, including proper evaluation of minor witnesses’ testimonies, noting the prosecution successfully established guilt beyond rea....
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 prosecution must prove charges beyond reasonable doubt; inconsistencies in a victim's testimony do not negate credible evidence of sexual assault.
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