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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, N.SENTHILKUMAR, JJ.
Sanjana - Appellant
Versus
State - Respondent
Criminal Appeal Nos.1128 of 2022 and 255 of 2023 and Crl. M.P. No.19507 of 2023
Decided on : 28-04-2025
| Table of Content |
|---|
| 1. international conventions on child rights. (Para 5 , 6) |
| 2. evolution of child rights in india. (Para 13 , 18 , 19) |
| 3. protection against child sexual offenses. (Para 20) |
| 4. facts of the prosecution case. (Para 22) |
| 5. arguments concerning evidence credibility. (Para 24 , 25) |
| 6. importance of corroborative evidence in justice. (Para 34 , 44 , 50) |
| 7. inconsistencies in witness testimonies. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 8. evidentiary value of statements under section 313. (Para 61 , 62) |
| 9. conclusion on lack of evidence. (Para 65 , 66 , 67 , 68 , 70 , 77) |
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 cases under POCSO Act, 2012, Chennai in Spl. S.C. No.08 of 2020 dated 18.07.2022. They were convicted and sentenced as follows:
| Sl. No. | Named of the Accused | Conviction and Sentence u/s |
| 1. | Sanjana (A2), appellant in Crl.A. No.1128 of 2022 | 1) Section 3 76(3) r/w 109 of IPC – Life imprisonment for the remaining period of natural life and also a fine of Rs.50,000/-, in default, to undergo 6 months simple imprisonment; 2) Under Section 3 66 of IPC - Sentenced to undergo 10 years rigorous imprisonment and also imposed a fine of Rs.10,000/-, in default, to undergo 3 months simple imprisonment; 3) Under Section 3 89 IPC - Sentenced to undergo 10 years rigorous imprisonment and also imposed a fine of Rs.10,000/-, in default, to undergo 3 months simple imprisonment; and 4)Under Section 506(ii) IPC, Sentenced to undergo 6 months rigorous imprisonment. All the sentences shall run concurrently. |
| 2 | Balaji (A1), appellant in Crl.A. No.255 of 2023 | 1) Section 3 76(3) of IPC and under Section 3 66 of IPC and Section 4 of POCO Act, 2012 alternatively under Section 3 76(3) of IPC – Life imprisonment for the remaining period of natural life and also a fine of Rs.50,000/-, in default, to undergo 6 All the sentences shall run concurrently. |
Introduction:
3. The Sangam Tamil Literature had portrayed women as the predominant head of the family and the women had played pivotal role in human relationships as well as in the family administration. Kurunthogai, Purananuru, Silappathikaram were some among the epics, which had demonstrated the women’s leadership in this soil and acknowledged their intellects and predominance in the society. The said literatures would demonstrate that women had led the entire society and men had no quarrel over the gender and he did not consider himself to be dominant on the basis of muscle power. Men had given utmost respect for women.
4. Tamil Nadu is the cradle of countless brave hearts, where the spirit of freedom was born and nurtured. Thillaiyadi Valliammai, a courageous daug
AI
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....
In sexual assault cases, the victim's testimony is vital and can form the sole basis for conviction if it inspires confidence. Corroboration is not a strict legal requirement, and minor discrepancies....
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.
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
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.
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