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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.S. RAMESH, N.SENTHILKUMAR
Sanjana – Appellant
Versus
State – Respondent
JUDGMENT :
N.SENTHILKUMAR, J.
INDEX
| Sl.No. | Subject |
| I | Introduction (a) Evolution of Women and Child Rights (i) International Conventions (ii) International Legislations |
| II | Evolution of Law on Child Rights in India |
| III | Facts |
| IV | Principles on Credibility of child witness |
| V | Presumption under POCSO Act |
| VI | Analaysis on Facts and Law A.Contradictions in the evidence of the Prosecutrix (PW1) B.Inconsistencies in the evidence of Prosecution Witnesses: (PW1 to PW3) C.Effect of Defective Investigation |
| VII | Relevancy of Defence Witnesses and documents |
| VIII | Evidentiary Value of 313 Questions |
| IX | Conclusion |
The essence of truth and wisdom in the words of the famous Tamil saint Thiruvalluvar in the below captioned Thirukkural assumes greater importance:
Meaning :
To discern the truth in everything, by whomsoever spoken, is wisdom. The core principle of our criminal justice system is to uncover the truth behind the crime committed against the victim while preserving the rights of the accused.
2. These appeals are filed by the accused A2 and A1, respectively, challenging the judgment of conviction and sentence passed against them by the learned IV Additional District and Sessions Judge, Special Court for Exclusive Trial of
The prosecution failed to establish key elements of the crime beyond reasonable doubt, leading to the overturning of convictions under IPC and POCSO Act, highlighting the necessity of reliable witnes....
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The conviction of a defendant for sexual offences against a minor can be upheld based on the credible testimony of the victim even in the presence of minor inconsistencies in her statements.
Sexual assault on minor - Significant discrepancies found in the deposition – Benefit of doubt given.
The presumption of guilt in sexual offences under the POCSO Act requires foundational facts to be established by credible evidence, and doubts must favor the accused.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The sole testimony of a child victim can form the basis of conviction in sexual assault cases, provided the testimony is credible and consistent, irrespective of corroborative evidence.
The court underscored that convictions must rest on reliable evidence beyond a reasonable doubt, emphasizing procedural irregularities and contradictions in testimonies detrimental to the prosecution....
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