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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr. Justice G.Jayachandran, Ms. Justice R.Poornima, JJ
Murugappan – Appellant
Versus
State Represented By, The Inspector Of Police – Respondent
JUDGMENT :
1. The appeal is against the judgment of conviction and sentence imposed by the Mahila Court, Pudukottai. The appellant was sentenced to undergo Life imprisonment (till the remainder of the natural life) and fine of Rs.70,000/-, in default, to undergo one year simple imprisonment for the offence under Section 5(m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').
Prosecution case unravelled through its witnesses and documents:
2. The prosecution has examined 9 witnesses and marked 15 Exhibits and 6 Material Objects.
3. As per the complaint Ex.P-1, on 15.08.2020 at about 12.00 noon, PW-1, the mother of the child victim, left her 5 year old girl child (the victim) in the house of Bhakiyalakshmi(PW-5) requesting Mariammal(PW-3) to take care of the child and went out to mend her two wheeler tube. When she returned back at about 12.30 p.m, she found her daughter missing. On enquiry with Mariammal, she informed that the appellant (known as ‘Meenakshi thatha’ in the locality) had taken the child to his house. She went to the appellant's house and peeped through the partially opened door. She saw her daughter holding her undergarment and pant
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 court clarified the distinction between sexual assault and aggravated penetrative sexual assault under the POCSO Act, emphasizing the need for evidence of penetration to establish the latter.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
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