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S. S. SUNDAR, SUNDER MOHAN
State Rep. by The Inspector of Police, Chennai – Appellant
Versus
xxx Father of the victim child – Respondent
JUDGMENT
(Prayers: Referred Trial under Section 366 Cr.P.C., on the judgment and order dated 29.04.2022 passed in Special S.C.No.52 of 2021 on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Chennai. Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the judgment of conviction and sentence dated 29.04.2022 passed in Special S.C.No.52 of 2021 on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Chennai. Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the judgment of conviction and sentence dated 29.04.2022 passed in Special S.C.No.52 of 2021 on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Chennai.)
Common Judgment
SUNDER MOHAN, J.
1. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. The victim for the sake of anonymity is referred to as 'victim'.
2. The brief facts leading to the institution of the Referred Trial and the Criminal Appeals, are as follows:
2.1. Case of the Prosecution:
It is the case of the prosecu
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 established that corroborative evidence is essential in sexual assault cases, and the absence of such evidence led to the acquittal of one accused and the modification of the sentence for t....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The central legal point established in the judgment is the careful evaluation of evidence, especially when dealing with the testimony of a young child, and the application of the burden of proof unde....
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
There are a number of rooms at the said place and apart from Appellants other employees of relevant Company also resided in the same house at the relevant time, although he had not mentioned their de....
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