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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SATHI KUMAR SUKUMARA KURUP, J
Thangaraj – Appellant
Versus
State Rep By Inspector Of Police – Respondent
JUDGMENT :
1. This Criminal Appeal had been filed by the Appellant against the judgment of conviction dated 10.05.2017 passed in Spl. C.C. No.8 of 2016 on the file of the learned Sessions Judge, Fast Track Mahila Court, Coimbatore by which he was convicted for the offence under Section 3 (a) read with 4 of The Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo ten years of rigorous imprisonment with fine of Rs.5,000/- in default to undergo three months simple imprisonment.
2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:
The conviction under the Protection of Children from Sexual Offences Act was overturned due to doubts about the victim's age and the credibility of the evidence presented.
The court confirmed the conviction for sexual assault on a minor, emphasizing victim testimony's validity despite minor discrepancies; age precludes capacity for consent.
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....
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
Rule 12 is strictly applicable only to determine age of a child in conflict with law.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
Consent under threat is not valid in law. Victim's age must be determined by appropriate legal standards to ensure protection under the POCSO Act.
The court emphasized that the school certificate is the best proof of age and followed the procedure under the Juvenile Justice Act to determine the age of the victim. The court held that consent is ....
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