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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Kanthasamy – Appellant
Versus
State, rep. by The Inspector of Police, Kamuthi AWPS, Ramanathapuram – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
This appeal has been filed as against the Judgment passed in Spl.S.C.No.37 of 2018, dated 30.11.2020, on the file of the Fast Track Mahila Court, Ramanathapuram District, thereby convicting the appellant for the offences punishable under Sections 366 , 376(AB), 5(i) r/w 6, 5(m) r/w 6 of POCSO Act.
2. The case of the prosecution is that, the accused had committed penetrative sexual assault on the minor girl, aged about 4 years. On 26.08.2018 at about 04.00 p.m., while the victim girl was playing near Government Pre-school, where her mother is working, she was taken by the accused to a place near the Kaliamman temple and had committed penetrative sexual assault on her.
3. On the basis of the complaint, the respondent registered an F.I.R in Crime No.5 of 2018 for the offences punishable under Sections 5 (m) r/w 6 of POCSO Act. After completion of investigation, the respondent filed alteration report altering the charges for the offences punishable under Sections 366 , 376-AB of IPC and Section 6 r/w 5(i) & 6 r/w 5(m) of POCSO Act, 2012 and filed a final report. On receipt of the same, the trial Court had taken cognizance and framed the charges as agains
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 court established that the prosecution failed to prove any charges due to lack of corroborative evidence, leading to the acquittal of the appellant.
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.
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.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
In criminal cases, the prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The court upheld the conviction for aggravated penetrative sexual assault under the POCSO Act based on the reliable testimony of the child victim and corroborative medical evidence, affirming the app....
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