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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SATHI KUMAR SUKUMARA KURUP
T. Ezhumalai – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments for the appellant's defense (Para 3 , 4 , 5 , 6) |
| 3. discrepancies in witness testimonies (Para 8 , 9 , 10 , 11 , 12) |
| 4. assessment of evidence inadequate for conviction (Para 17 , 18) |
| 5. conclusion of appeal and acquittal order (Para 19 , 20) |
JUDGMENT :
1. This Criminal Appeal is filed to set aside the Judgment dated 23.12.2016 made in Special Sessions Case No. 18 of 2015 by the learned Sessions Judge, Fast Track Mahila Court, Vellore. By the impugned judgment, the Appellant was convicted and sentenced as follows:-
| Convicted for the offence | Period of Sentence |
| Section 363 of Indian Penal Code | To undergo rigorous imprisonment for a period of 1 year and to pay fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of one month. |
| Section 366 of Indian Penal Code | To undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for a period of two months. |
| Section 6 read with Section 5 (m) of POCSO Act | To undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.2,000/-, in default, to undergo two months simple imprisonmen |
The court held that convictions under sexual assault statutes require robust proof beyond reasonable doubt, emphasizing the significance of consistent witness testimony and corroborative medical evid....
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....
The main legal point established is the significance of the child's testimony in cases of sexual assault, the presumption under Section 29 of the POCSO Act, and the need for proper protection of the ....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The court confirmed the conviction for sexual assault on a minor, emphasizing victim testimony's validity despite minor discrepancies; age precludes capacity for consent.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
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