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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Basheer Ahamadkhan – Appellant
Versus
State, rep. by The Inspector of Police, All Woman Police Station – Respondent
| Table of Content |
|---|
| 1. discussion on the prosecution's arguments and delay in lodging the complaint. (Para 1 , 6 , 7) |
| 2. details on the victim's background and the nature of the offence. (Para 2 , 5) |
| 3. review of evidence and the court's finding on the credibility of the prosecution. (Para 4 , 8 , 9 , 10 , 11) |
| 4. final ruling of the court, dismissing the appeal. (Para 12) |
JUDGMENT :
This appeal has been filed as against the Judgment passed in Spl.S.C.No.69 of 2021, dated 25.10.2021, on the file of the Principal Special Court for Exclusive Trial of Cases under POSCO Act, Madurai, thereby convicting the appellant for the offences punishable under Sections 5(m), 5(l), 5(i), 6 of POCSO Act .
3. On the basis of the complaint, the respondent registered an F.I.R in Crime No.4 of 2021 for the offences punishable under Sections 5(l), 5(m) r/w 6 of POCSO Act . After completion of investigation, the respondent filed a final report. On receipt of the same, the trial Court had taken cognizance and framed the charges as against the accused for the offences punishable under Sections 5(m) r/w 6, 5(l) r/w 6 of and 376(3) of IPC and 5(i) r/w 6 of .
5. On perusal of the oral and documentary evidence, the trial
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
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 prosecution's failure to prove charges beyond reasonable doubt, coupled with significant delays and contradictions, leads to acquittal.
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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