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M. S. RAMESH, C. KUMARAPPAN
Mathi @ Mathiazagan – Appellant
Versus
State rep. by Inspector of Police, All Women Police Station – Respondent
JUDGMENT :
C.KUMARAPPAN, J.
PRAYER: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code to set aside the judgment passed in Spl.S.C.No.23/2016 dated 13.07.2018 on the file of Mahalir Neethi Mandram (Fast Track Mahila Court), Tirupur.
The instant appeal has been filed by the appellant/sole accused assailing the judgment dated 13.07.2018 passed in SC.No.23 of 2016 by the Mahalir Neethimandram (Fast Track Mahila Court), Tirupur. In the present case, the accused was charged for the offences under Section 5(j)(ii)(l)(n) r/w 6 of “The Protection of Children from Sexual Offences Act, 2012” [hereinafter called as “POCSO Act”] and Section 9(m) r/w 10, 11(iii) r/w 12 of POCSO Act.
2. The brief facts which give rise to the instant Criminal Appeal is that, a Coconut godown was owned by the de facto complainant Mr.Mohanasundaram. In his godown, the accused and the victim's family were working. It appears that there are two victims in the instant case. While the “eldest one” is aged about 14 years [hereinafter called as “V1”], the “younger one” is aged about 12 years [hereinafter called as “V2”]. Both the victims' family were working in the de facto complainant's godown. It app
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
The court reaffirmed that the victim's testimony is decisive in sexual offence cases, and a minor's age must be established based on consistent evidence, including oral testimonies.
The conviction of the appellant was overturned due to insufficient evidence proving the prosecutrix's minority, emphasizing that consensual relationships cannot be classified as criminality without c....
The court emphasized that the school certificate is the best proof of age and followed the procedure under the Juvenile Justice Act to determine the age of the victim. The court held that consent is ....
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