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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K.RAMAKRISHNAN
Rajamohan – Appellant
Versus
State represented by The Inspector of Police, All Women Police Station, Thallakulam – Respondent
| Table of Content |
|---|
| 1. context of the appeal - conviction details (Para 1 , 2 , 3) |
| 2. overview of the prosecution case and details of the complaint. (Para 4) |
| 3. arguments against conviction and prosecution's evidence (Para 5 , 6) |
| 4. court's reasoning regarding witness credibility and evidence inconsistency (Para 7 , 9 , 10 , 11 , 12 , 15 , 16) |
| 5. conclusions on false prosecution and compensation for wrongful conviction (Para 17 , 18 , 19 , 20 , 21) |
| 6. final decision and order of acquittal (Para 22) |
JUDGMENT :
K.K. RAMAKRISHNAN, J.
This appeal has been filed to set aside the judgment and conviction passed by the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai in Spl.S.C.No.135 of 2019 dated 17.07.2023 and acquit the appellant.
2. The appellant who is the sole accused in Spl.S.C.No.135 of 2019 on the file of the learned Special Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, has filed this appeal challenging the conviction and sentence imposed on him for the offence under Section 9 [m] r/w 10 of the Protection of Children from Sexual Offences Act, by the impugned order dated 17.07.2023.
3. Prosecution Case:
Conviction under POCSO Act requires credible evidence; inconsistencies in victim's testimony and lack of medical corroboration lead to acquittal.
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 conviction under the POCSO Act was overturned due to insufficient evidence and procedural flaws in the prosecution's case.
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