Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Vijayakumar – Appellant
Versus
Inspector of Police, AWPS Jayankondam – Respondent
JUDGMENT :
SUNDER MOHAN, J.
1.This Criminal Appeal has been filed by Accused No.1, challenging the judgment dated 22.02.2023 in Spl.SC.No.37 of 2020 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur, by which he was convicted for the offence under Section 366 of the IPC and Section 6 (1) of the POCSO Act, 2012 and sentenced as follows:
| Offence under Section | Sentence imposed |
|---|---|
| 366 IPC | To undergo RI for ten years and to pay a fine of Rs.10,000/- in default to undergo SI for one year. |
| Section 6 (l) of the POCSO Act, 2012 | To undergo RI for twenty years and to pay a fine of Rs.1,00,000/- in default to undergo SI for one year. |
| The sentences were ordered to run concurrently. | |
2.(i) The case of the prosecution is that on 14.06.2020 the appellant/A1 on the promise of marriage pursuant to a love affair had kidnapped the victim girl aged 17 years and 10 months at the time of occurrence, along with his friend i.e., A2-Sathish @ Sathishkumar, from the lawful custody of her parents and committed penetrative sexual assault on 15.06.2020 thrice at another friend’s house; that thereafter the appellant/A1 abandoned the victim in his friend’s house and when the victim called him over
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.
The conviction under IPC and POCSO Act was overturned due to failure of prosecution to prove the victim's age, highlighting the necessity for strict adherence to evidentiary standards in such cases.
Conviction under POCSO Act requires credible evidence; inconsistencies and potential tutoring in the victim's testimony can render a conviction unsafe.
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.
Prosecution failed to prove victim's age and that the assaults were not consensual, leading to the overturning of the conviction.
Rape – Consent of minor has no legal sanctity.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
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 court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
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
