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C. V. KARTHIKEYAN, J. SATHYA NARAYANA PRASAD
J. Ajit Babu – Appellant
Versus
State Rep. by the Inspector of Police, All Women Police Station, Thiruvaiyar – Respondent
JUDGMENT :
C.V. KARTHIKEYAN, J.
Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. to set aside the Judgment dated 28.02.2020 passed in S.C. No. 129 of 2019 on the file of the learned Sessions Judge for the Sexual Offences against the Children Special Court, Thanjavur and acquit the appellant/sole Accused of the charge.
1. The accused in Special S.C. No. 54 of 2017 (129 of 2019), who had suffered conviction for offence punishable under Section 366 of IPC and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 5,000/- in default one year simple imprisonment and also suffered conviction for punishment of offence under Section 5(l) read with Section 6 of POCSO Act, 2012 and sentenced to life imprisonment and fine of Rs. 5,000/- in default one year simple imprisonment by Judgment dated 28.02.2020 by the learned Mahila Court, Thanjavur, has filed the present Criminal Appeal.
2. The victim child was a student of 11th standard. She was in relationship with the accused for two years. She had come home for the summer vacation in May 2017. It was her contention that the accused presurrised her to marry him. This was objected to by her parents, who complained to the par
Consent of a minor is not lawful; thus, any relationship or agreement made by a minor cannot absolve the accused of criminal liability under kidnapping and sexual assault laws.
Rape – Consent of minor has no legal sanctity.
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The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act....
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
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