Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Muthu Kumar – Appellant
Versus
State, Rep. by, Inspector of Police, W-16, All Women Police Station, Pulianthope – Respondent
JUDGMENT :
M.Nirmal Kumar, J.
This Criminal Appeal arises out of the judgment of conviction and sentence rendered by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Chennai, in Spl.S.C.No.195 of 2022, dated 31.10.2023.
2. On conclusion of trial in Spl.S.C.No.195 of 2022, the learned trial Judge found the appellant guilty and convicted him for the offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as ''the POCSO Act''] and sentenced him to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.
3. The facts of the case is that, the appellant was tried along with one Bhuvaneswari (A2), the mother of the victim girl. The learned trial Judge found A2 guilty for the offence under Section 6 read with Section 17 @ 21(1) of the POCSO Act and convicted and sentenced her to undergo imprisonment for four months and the period of detention already undergone has been set off under Section 428 Cr.P.C.
3.1. The victim, P.W.2, who was born on 15.09.2004, was a minor at the time of the incident. She had been living with her mo
The conviction under the POCSO Act was overturned due to insufficient corroborative evidence and inconsistencies in the victim's testimony, leading to the appellant's acquittal.
The prosecution's failure to establish foundational facts undermines the application of statutory presumptions of guilt in sexual assault cases under the POCSO Act.
The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
