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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Seshasayee
S – Appellant
Versus
State, Rep by Inspector of Police – Respondent
| Table of Content |
|---|
| 1. introduction of characters (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. judgment and acquittal (Para 18) |
ORDER :
N.Seshasayee, J.
1.1 These revisions are preferred by the accused/revision petitioner challenging the judgments in C.A.No.168 of 2017 and C.A.No.231 of 2017, both dated 07.09.2018 on the file of XVII Additional Sessions Court, Chennai. The appeals before the Sessions Court arose out of the judgment in C.C.No.1873 of 2012 dated 22.06.2017, by which the trial Court had convicted the revision petitioner herein, for offences which are alleged to involve sexual assault by the father on his 14 year old daughter.
1.2 Indeed, the revision petitioner faced trial for charges under Section 354 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The trial Court found the revision petitioner guilty and sentenced him to undergo 6 months rigorous imprisonment for offence under Sec.354 IPC, and one year rigorous imprisonment for offence under Sec.4 of TNPWH Act along with fine. Challenging this judgment, the revision petitioner approached the Sessions Court with C.A.No.168 of 2017, whereas the defacto complai
The court emphasized the necessity of corroborative evidence in sexual assault cases, especially when the victim's testimony is the sole basis for conviction.
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....
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
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....
Section specifically exonerates a child from being proceeded against under S.22.
The court emphasized the necessity of reliable and consistent testimony in sexual assault cases, ruling that the prosecution failed to prove charges beyond reasonable doubt due to contradictions and ....
Rape of minor girl – Delay in FIR - threats administered by the appellant of circulating the MMS and of defamation of the family, are all factors to be considered, for delay in lodging the FIR – Conv....
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 ....
In sexual offence cases, the prosecution must provide credible and consistent evidence; any reasonable doubt must favor the accused.
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