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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R. POORNIMA, JJ
Ammavasi @ Alagarsamy – Appellant
Versus
Inspector of Police, Natham police station, Natham, Dindigul District. (Crime No.132 of 2022) – Respondent
JUDGMENT :
(G.R. SWAMINATHAN, J.)
This criminal appeal is directed against the judgment dated 08.11.2024 rendered in SPL.S.C.No.215 of 2023 on the file of the Special Court for POCSO Act Cases, Dindigul. By the impugned judgment, the appellant had been sentenced to life imprisonment for the offence under Section 6 of the POCSO Act , 2012 together with fine of Rs.1 Lakh. He was also sentenced to three years Rigorous Imprisonment for the offence under Section 366 IPC and levied with fine of Rs.5,000/-.
2. The case of the prosecution is that the appellant kidnapped the victim who was a minor girl and subjected her to repeated penetrative sexual assaults and as a result, the victim became pregnant and delivered a girl child on 13.04.2022. The child died on the next day. Complaint was taken from the mother of the victim on 14.04.2022. Based on the same, Crime No.132 of 2022 was registered on the file of Natham police station at around 20.30 hours for the offences under Section 450 IPC and Section 5(i), 5(j)(ii) r/w. Section 6 of POCSO Act , 2012. P.W.21 was the Inspector of Police, Natham police station and she conducted investigation. She collected the blood samples of the child as well a
DNA evidence must be corroborated by other evidence; conviction cannot rely solely on DNA reports without proper documentation and preservation.
DNA evidence requires proper documentation and chain of custody to be admissible; conviction cannot solely rely on such evidence without corroborating proof.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The court ruled that without credible evidence or reliable testimony, suspicion alone cannot support a conviction under the POCSO Act.
The presumption of guilt in sexual offences under POCSO relies on proven foundational facts; mere suspicion is insufficient for conviction.
The integrity and chain of custody of DNA evidence are crucial for its admissibility in court, and failure to establish these can lead to acquittal.
DNA report deserves to be accepted unless it is absolutely dented and for non-acceptance of the same, it is to be established that there had been no quality control or quality assurance. If the sampl....
The prosecution must prove guilt beyond reasonable doubt, especially when the primary witness turns hostile, and reliance on inconsistent testimony and improperly handled DNA evidence is insufficient....
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