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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.V.Karthikeyan, J.Sathya Narayana Prasad
Liyakath Ali – Appellant
Versus
Inspector of Police, Suthamalli Police Station – Respondent
JUDGMENT :
C.V. KARTHIKEYAN, J.
The sole accused, Liyakath Ali, in Cr.No.334 of 2013 registered by the respondent, Inspector of Police, Suthamalli Police Station, Tirunelveli District, under Sections 376 and 511 of IPC and under Section 8 of Protection of Children from Sexual Offences Act, 2012, has filed this Criminal Appeal against the judgment, dated 16.08.2019 passed by the learned Sessions Judge, Mahila Court, Tirunelveli, in Spl.C.No.85 of 2016.
2.After investigation, the respondent Police had filed final report charging the appellant with commission of offences under Sections 341 and 324 of IPC and under Section 6 of Protection of Children from Sexual Offences Act, 2012. After trial, the appellant had been convicted as follows:
| S. No. | Offence | Sentence | Fine | In default sentence |
| 1. | Under Section 341 IPC | 1 month rigorous imprisonment | Rs. 500/- | One week simple imprisonment |
| 2. | 324 IPC | 2 years rigorous imprisonment | Rs. 10,000/- | 3 months simple imprisonment |
| 3. | Under Section 6 of POCSO Act | Life imprisonment | Rs. 50,000/- | One year simple imprisonment |
3. It had also been held that out of the fine amount, Rs.50,000/- should be kept in a fixed deposit in the name of the victim child till she attains the age of
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Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years'....
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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