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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
| 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 word
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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