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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 :
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 :
2. It is the case of the prosecution that the victim and the appellant's sister were known to each other; that hence, the victim became acquainted with the appellant; that the appellant expressed his love for the victim; that in the month of July in 2019, when there was no one at home, the appellant called the victim to his house and committed penetrative sexual assault on the victim; that thereafter, during the same month after the “Aadi” festival, he committed penetrative sexual assault; and that on 11.09.2019 at about 12 noon, the appellant had committed penetrative sexual assault on the victim for the third time and that one Tamilara
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.
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.
The prosecution must prove the victim's age and circumstances of the alleged crime beyond a reasonable doubt; failure to do so results in acquittal.
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