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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Ravi @ Dhanapal – Appellant
Versus
State, Rep. By The Inspector of Police, Mettupalayam Police Station, Puducherry – Respondent
JUDGMENT :
SUNDER MOHAN, J.
This Criminal Appeal has been filed by the accused, challenging the judgment dated 16.03.2023 in Spl.SC.No.46 of 2021 on the file of the learned Special Judge under the POCSO Act, 2012, Puducherry, by which he was convicted for the offence under Section 12 of POCSO Act, 2012 and Sections 294 (b), 324 and 354 of the IPC and sentenced as follows:
| Offence under Section | Sentence imposed |
|---|---|
| 294(b) IPC | To undergo SI for one month. |
| 324 IPC | To undergo RI for six months. |
| 354 IPC | To undergo RI for one year and to pay a fine of Rs.1,000/-, in default to undergo SI for three months. |
| Section 12 of the POCSO Act, 2012 | To undergo RI for two years and to pay a fine of Rs.1,000/- in default to undergo SI for three months. |
| The sentences were ordered to run concurrently. | |
2.(i) The case of the prosecution is that on 21.02.2021 at about 15.30 hours, on account of prior enmity, the appellant abused the victim minor girl, aged about 16 years and her mother in filthy language; that the appellant had caused simple hurt to the victim by biting the left hand of the victim girl; that he pulled the shawl of the victim girl to outrage her modesty and thereafter exposed his private part by opening hi
Delay in lodging an FIR undermines the prosecution's credibility, potentially leading to the collapse of the case if deemed fabricated.
The court held that a conviction under sexual assault charges must rest on credible evidence, finding the testimonies in this case to be influenced by personal motives and thus unreliable.
In sexual offence cases, the sole testimony of a victim must be corroborated; delays and inconsistencies can create reasonable doubt leading to acquittal.
Conviction under Section 10 of POCSO Act modified to Section 18 due to insufficient evidence, with an additional fine imposed as compensation for the victim.
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