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2024 Supreme(Mad) 27

K. K. RAMAKRISHNAN
Inspector of Police, Uppliyapuram Police Station, Trichy – Appellant
Versus
Manikandan – Respondent


Advocates appeared:
For the Appellant:T. Senthil Kumar, Additional Public Prosecutor. For the Respondent:P. Arun Jayatram, Advocate.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appeal concerns the acquittal of the respondent in a case involving alleged aggravated penetrative sexual assault and related offenses under the relevant criminal laws (!) (!) .

  2. The prosecution's case was primarily based on evidence that the victim, who was the daughter of PW1, was kidnapped and subjected to sexual assault, with subsequent disclosures made by her to her father (!) .

  3. The victim did not testify in court due to her death during the trial, which significantly impacted the evidentiary basis of the case. The absence of her direct testimony was a critical factor in the trial court's decision to acquit (!) (!) .

  4. The prosecution relied on hearsay evidence, including the victim’s earlier statements under Section 164 of the Cr.P.C., and the testimony of PW1, but these were deemed insufficient to establish guilt beyond reasonable doubt without the victim’s direct evidence (!) (!) (!) .

  5. Medical evidence did not corroborate the allegations, as the examining doctor did not find any physical injuries or trace of sexual assault on the victim, which further weakened the prosecution’s case (!) (!) .

  6. The appellate court emphasized the importance of the victim’s direct testimony in cases of sexual offenses, especially when the case relies heavily on circumstantial evidence and hearsay, and noted that in the absence of such testimony, conviction is difficult to sustain (!) (!) .

  7. The court outlined that, while appellate courts have the authority to reappreciate evidence, they must give due weight to the credibility assessments made by the trial court, and should only interfere if the trial court’s conclusions are demonstrably unreasonable or legally untenable (!) (!) (!) (!) .

  8. The court reaffirmed that a conviction requires proof beyond reasonable doubt, and that in cases where evidence is circumstantial, the evidence must be trustworthy and reliable, with proper


JUDGMENT

(Prayer: This Criminal Appeal is filed under Section 378 (1) (a) (b) of Cr.P.C. to call for the records and set aside the acquittal rendered in Judgment dated 29.10.2020 made in Spl.S.C.No.26 of 2018 on the file of the learned Sessions Judge, Mahila Court, Tiruchirappalli.)

1. The State preferred this criminal appeal against the acquittal judgment dated 29.10.2020 passed in Spl.S.C.No.26 of 2018.

2. The victim is the daughter of PW1. She was kidnapped by the respondent on 22.12.2017 at 3.00 a.m, and he had committed aggravated penetrative sexual assault on her and thereafter he dropped her in her house. Therefore, the appellant police registered a case in Crime No.301 of 2017 for the alleged offence under Sections 366 @ 366A IPC r/w 5 and 6 of POCSO Act, 2012. The investigating Officer conducted investigation and filed the final report before the learned Special Judge. The learned Special Judge summoned the accused and served the copies under Section 207 Cr.P.C and framed charges and questioned the respondent. The respondent denied the charges and pleaded not guilty and he stood for trial.

3. To prove the charges, the prosecution examined PW.1 to PW.18 and marked the Ex.P1 to

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