Back
N. ANAND VENKATESH
A. Muthupandi – Appellant
Versus
State rep. by the Inspector of Police, Tiruppur – Respondent
JUDGMENT
(Prayer: Crl.A.No.245 of 2016 : APPEAL under Section 374 of the Criminal Procedure Code against the judgment, conviction and sentence rendered by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur, Tiruppur District in S.C.No.87 of 2012 dated 16.3.2016.
Crl.A.No.154 of 2017 : APPEAL under Section 377 of the Criminal Procedure Code against the same judgment, conviction and sentence rendered by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur, Tiruppur District in S.C.No.87 of 2012 dated 16.3.2016.)
Common Judgment:
Crl.A.No.245 of 2016 has been filed by the appellant/accused aggrieved by his (i) conviction under Section 376(2)(f) of the Indian Penal Code (hereinafter called the Code) and (ii) sentence to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/- and in default, to undergo one year rigorous imprisonment.
2. Crl.A.No.154 of 2017 has been filed by the State seeking for enhancement of the punishment imposed on the accused in the same judgment on the ground that the Trial Court failed to impose the minimum sentence that has been prescribed under Section 376(1) of the Code.
3. The c
The judgment establishes the importance of the victim child's evidence, the competency of child witnesses, and the need for stern punishment in cases of child sexual abuse.
(1) Competency of a child witness – A child will become incompetent only in cases where Court considers that child was unable to understand questions and answer them in a coherent and comprehensible ....
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
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 conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
The court emphasized that prosecution must prove guilt beyond a reasonable doubt, and inconsistencies in testimonies and lack of medical evidence prohibited sustaining the conviction.
The victim's testimony, even without corroboration, can be sufficient for conviction in cases of sexual assault, and the presumption of guilt under the POCSO Act can be applied.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
