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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Rajini @ Rajinirajan – Appellant
Versus
State represented by The Inspector of Police, All Women Police Station – Respondent
JUDGMENT :
M.Nirmal Kumar, J.
The appellant herein is the accused in Special S.C.No.118 of 2019, who was convicted of the offence under Section 10 of POCSO Act and sentenced to undergo 5 years of Rigorous Imprisonment along with a fine of Rs.40,000/-, in default of payment of the fine, he shall undergo three months Simple Imprisonment and for the offence under Section 506(i) IPC, one year Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in default, three months Simple Imprisonment. Against which, the present appeal is filed.
2.The case of the prosecution is that the respondent police received a complaint from PW.1, the mother of the victim girl and registered a case in Crime No.06 of 2019 on 28.01.2019 for offences under Section 4 of POCSO Act and Section 506(i) of IPC.
3.After registering the case, the statement of the victim (PW.2), the victim's mother (PW.1) and the other witnesses recorded, observation Mahazar and rough sketch drawn in the presence of the witnesses, later the accused arrested, in this case the victim was produced before the Magistrate, statement under Section 164 Cr.P.C., recorded on 02.02.2019. After conclusion of investigation, charge sheet filed. The tria
Conviction under Section 10 of POCSO Act modified to Section 18 due to insufficient evidence, with an additional fine imposed as compensation for the victim.
In sexual offence cases, the sole testimony of a victim must be corroborated; delays and inconsistencies can create reasonable doubt leading to acquittal.
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
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