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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Thangarasu – Appellant
Versus
State – Respondent
JUDGMENT :
M.NIRMAL KUMAR, J.
The appellant/accused in Spl.C.C.No.7 of 2017 was convicted by the trial Court by the judgment dated 23.11.2021 and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo six months simple imprisonment, for the offence under Section 366(A) of I.P.C., sentenced to undergo 20 years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo six months simple imprisonment, for the offence under Section 6 of POCSO Act for committing offence under Section 5(l) of POCSO Act and sentenced to undergo two years rigorous imprisonment for the offence under Section 9 of Prohibition of Child Marriage Act, 2006. All sentences were directed to be run concurrently, against which, the present appeal is filed.
2. The case of the prosecution is that the victim/PW2 was minor aged about 17 years 6 months at the time of occurrence. She was at home after completing her 12th standard examination and was waiting for the results. On 28.05.2016 at about 11.00 p.m., the appellant took her in his bike to various places and on 29.05.2016, he tied a Thali in Vinayagar Temple at Kattuputhur. Thereafter, he took
In criminal cases, the prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The court upheld the conviction for aggravated penetrative sexual assault under the POCSO Act based on the reliable testimony of the child victim and corroborative medical evidence, affirming the app....
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
The main legal point established in the judgment is the determination of the nature of the sexual assault, modifying the conviction from penetrative sexual assault to aggravated sexual assault under ....
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