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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Vengatesan – Appellant
Versus
Inspector of Police, All Women Police Station, Sankari, Salem – Respondent
| Table of Content |
|---|
| 1. overview of conviction and prosecution's failures. (Para 1 , 2 , 6) |
| 2. disputed age of the victim and implications on consent. (Para 3 , 4 , 8) |
| 3. analysis of victim's relationship and prosecution evidence. (Para 5 , 9 , 10 , 11) |
| 4. court's observations on trial integrity and acquittal. (Para 12 , 13) |
JUDGMENT :
SUNDER MOHAN, J.
The Criminal Appeal challenges the Judgement dated 16.06.2022 passed in Spl.S.C.No.99 of 2020 by the learned Sessions Judge, Special Court for POCSO Act Cases, Salem, convicting and sentencing the appellant/accused as follows :
| Sl. No. | Offence under Section | Sentence imposed |
|---|---|---|
| 1. | 7 r/w 8 of POCSO Act | To undergo rigorous imprisonment for 5 years with a fine of Rs.10,000/- in default to undergo simple imprisonment for 6 months. |
| 2. | 5(l) r/w 6 of POCSO Act | To undergo rigorous imprisonment for 20 years with a fine of Rs.10,000/- in default to undergo simple imprisonment for 6 months. |
| 3. | 5(j)(ii) r/w 6 of IPC | To undergo rigorous imprisonment for 20 years with a fine of Rs.10,000/- in default to undergo rigorous imprisonment for 6 months. |
| The sentences were ordered to run concurrently. | ||
2. It is the case of the prosecution that the victim and the appellant's sister wer
Prosecution failed to prove victim's age and that the assaults were not consensual, leading to the overturning of the conviction.
In criminal cases involving consent, the conviction may be overturned if there is a reasonable mistake of fact regarding the victim's age, absolving the accused under Section 79 IPC.
The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.
The prosecution must prove the age of the victim under the POCSO Act; absence of verifiable evidence led to the acquittal due to reliance on untrustworthy testimony.
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
The court held that while the victim's testimony suggested sexual assault, inconsistencies regarding penetration necessitated a reduction in conviction to lesser charges under the POCSO Act.
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