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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
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:
The appellant is the neighbour of the victim girl. On 09.04.2019 at about 05.00 pm, when the victim girl went to the house of one Mary to take a plastic bucket, the appellant grabbed the hand of the victim girl and shut her mouth and kissed on her cheek and bit the cheek. Therefore, the mother of the victim girl, P.W.1, gave a complaint before the jurisdictional police station and on receipt of the same, the respondent police registered the case in Crime No.13 of 2019 for the offence under
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 prosecution's failure to establish foundational facts undermines the application of statutory presumptions of guilt in sexual assault cases under the POCSO Act.
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