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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
Periyasamy – Appellant
Versus
State Represented by the Inspector of Police Palamedu Police Station, Madurai – Respondent
| Table of Content |
|---|
| 1. details of the conviction and sentencing. (Para 1 , 2 , 5 , 6) |
| 2. arguments on reliability of prosecution evidence. (Para 7 , 8) |
| 3. court's consideration of evidence and proceedings. (Para 9 , 10 , 11 , 12) |
| 4. statutory presumptions in pocso act. (Para 17 , 18 , 19 , 20 , 21) |
| 5. analysis of credibility of victim's testimony. (Para 22 , 23 , 24 , 26 , 29) |
| 6. omissions and contradictions impacting prosecution case. (Para 30 , 31 , 32 , 33 , 35) |
| 7. final decision and acquittal of the appellant. (Para 36 , 37 , 38 , 39 , 40) |
JUDGMENT :
1. The above Criminal Appeal is preferred by the appellant / accused against the judgment of conviction and sentence dated 22.09.2023, made in Spl.SC.No.35/2022, by the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act , Madurai, convicting and sentencing the appellant/accused for the offences u/s.342 and 376-AB of IPC and u nder Section 5[m] read with Section 6 of POCSO Act.
(a) The case of the prosecution in brief is as follows:-
(b) Based on the complaint under Ex.P1 of PW [mother of victim], the FIR came to be registered under Ex.P.11 in Crime No.272/2021, on 04.11.2021, by PW12-Sub Inspector of Pol
The prosecution's failure to establish foundational facts undermines the application of statutory presumptions of guilt in sexual assault cases under the POCSO Act.
The central legal point established is the requirement for proper identification of the accused, the need for conclusive medical evidence in sexual assault cases, and the impact of discrepancies in t....
The prosecution must establish foundational facts in sexual offence cases; uncorroborated testimony of the victim alone is insufficient for conviction.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
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