Back
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 :
G.K. ILANTHIRAIYAN, J.
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 .
2. The case of the prosecution is that the victim child was aged about 11 years at the time of occurrence. Her mother died and her father is a drunkard. One of her own brother is blind and he is staying in blind school hostel. Her second brother is also staying in the hostel and isstudying in a private school. Therefore, elder sister of the victim child and her husband brought the victim child to their house and she was under the care and custody of the elder sister. The victim child's
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
