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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Muruganandam @ Murugan – Appellant
Versus
State represented by, The Inspector of Police, Natham Police Station – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
1. This appeal is directed as against the Judgment passed in Spl.S.C.No.362 of 2023, dated 06.11.2024, on the file of the learned Sessions Judge (Special Court for Exclusive Trial of Cases under POCSO Act), Dindigul, thereby convicting the appellant for the offence punishable under Section 366 of I.P.C and Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019 (in short hereinafter referred to as 'the POCSO Act, 2019')
2.The case of the prosecution is that the victim minor girl belongs to Natham, Dindigul District. The accused belongs to Ramanathapuram. While she was studying 10th standard in the Government Higher Secondary School at Natham, she had acquaintance with the appellant through cell phone by way of instagram. Thereafter, they fell in love with each other. The parents of the victim girl came to know about the love affair and they warned the victim and due to which, the victim girl called the accused through her cell phone to come to Natham to marry her. On 12.04.2023, the minor victim girl eloped with the appellant and went to Kerala where the appellant married the minor victim girl and stayed there in a room. W
The court established that the prosecution failed to prove any charges due to lack of corroborative evidence, leading to the acquittal of the appellant.
The court reaffirmed that convictions must be based on credible evidence, including proper evaluation of minor witnesses’ testimonies, noting the prosecution successfully established guilt beyond rea....
Penetrative sexual assault – Corroboration of medical evidence is necessary in cases where prosecution evidence is shaky.
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.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
The conviction for aggravated penetrative sexual assault was upheld due to credible testimony and DNA evidence, emphasizing that delays in reporting such crimes are often immaterial.
The reliability of the victim's testimony and the medical examination played a crucial role in establishing the guilt of the accused in a case of sexual assault.
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