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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE DR. JUSTICE G.JAYACHANDRAN, R.POORNIMA, J
Vinoth – Appellant
Versus
State Rep. By The Inspector Of Police, Muthaiahpuram Police Station – Respondent
JUDGMENT :
(R. POORNIMA, J.)
This Criminal Appeal is filed against the conviction and sentence passed against the appellant/Sole Accused in the judgment dated 17.03.2021 passed by the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Spl.S.C.No186 of 2019 by convicting and sentencing the appellant for the offence punishable under Section 366(A), 493 of IPC and Under Section 5 (1) r/w.6 of Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/- in default to undergo rigorous imprisonment for three months for the offences punishable under Section 366(A) of IPC and sentenced to undergo rigourous imprisonment for three years and to pay a fine of Rs.3,000/- in default to undergo rigorous imprisonment for three months for the offence U/s.493 of IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for one year for the offence u/s.5(1) r/w.6 of Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution in brief is as follows:
(a) The complainant is a resident of Mu
The legal age of consent is 18 years; any sexual intercourse with minors is statutory rape regardless of purported consent.
Consent of a minor is legally invalid in sexual assault cases; sufficient evidence supported conviction for kidnapping despite the absence of legal consent.
The court emphasized the necessity of corroborative evidence in sexual assault cases, particularly when the victim's testimony is inconsistent.
Penetrative sexual assault – Corroboration of medical evidence is necessary in cases where prosecution evidence is shaky.
The court affirmed that repeated sexual intercourse with a minor under 18 years constitutes an aggravated offense under Section 6 of the POCSO Act, irrespective of consent claims, establishing the ac....
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