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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
S. Thirumurugan – Appellant
Versus
The Inspector of Police – Respondent
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
1. This appeal has been filed as against the Judgment passed in Spl. S.C.No.13/2022, dated 30.09.2022, by the learned Additional Sessions Judge, Karur, thereby convicting the appellant for the offences punishable under Sections 449 and 506 Part I of IPC and Section 6 of POCSO Act.
2. The case of the prosecution is that, the minor victim girl was aged about 15 years. She was studying 11th standard and the accused is being a neighbour of the victim girl aged about 37 years. When the parents of the victim girl went out, during the month of March 2021, the accused came to her house and committed the offence of penetrative sexual assault. The accused also continued to do the same, while the victim girl was alone at her house during Covid-19 lock-down. Thereafter, the victim became pregnant and suffered from stomach pain. Thereafter, the victim girl disclosed the offence committed by the accused and lodged a complaint.
3. On the basis of the complaint, the respondent registered an F.I.R in Crime No.10 of 2021 for the offences punishable under Sections 5 (l), 5(j)(ii), 6 of POCSO Act and 506 Part I of IPC . After completion of investigation, the respondent
The conviction for aggravated penetrative sexual assault was upheld due to credible testimony and DNA evidence, emphasizing that delays in reporting such crimes are often immaterial.
The court reaffirmed that convictions must be based on credible evidence, including proper evaluation of minor witnesses’ testimonies, noting the prosecution successfully established guilt beyond rea....
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
Delay in lodging a sexual offence complaint is not detrimental if sufficiently explained; the victim's credible testimony is pivotal in affirming conviction.
The court established that the prosecution failed to prove any charges due to lack of corroborative evidence, leading to the acquittal of the appellant.
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