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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Subramanian (A1), S/o. Regasamy – Appellant
Versus
State represented by Inspector of Police, All Woman Police Station – Respondent
| Table of Content |
|---|
| 1. procedure for lodging complaints under pocso. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of testimonies. (Para 4 , 5) |
| 3. credibility of victim's testimony and its corroboration. (Para 6 , 16 , 17) |
| 4. application of presumptions under pocso act. (Para 19 , 20) |
| 5. dismissal of appeals based on trial court findings. (Para 25 , 26) |
JUDGMENT :
M.JOTHIRAMAN, J.
Challenging the judgment dated 23.11.2020 passed in Spl.C.C.No.34 of 2019 on the file of the Sessions Court, Special Court for Exclusive Trial of Cases under the POCSO Act , Coimbatore, the appellants have preferred the above appeals.
2. The brief case of the prosecution is as follows:
2.1. “X” (PW1) deposed that she is residing with her father Senthil Kumar (PW2) along with her brother at No.9/2, Mattukaraswamy Koil Street, Sugunapuram West. In 2017, she resided jointly with A1 and A2 and at that time, she was studying X Standard. On 20.06.2017, when she was with A1 and A2, while she was sleeping alone, the first accused came to her room naked, closed her mouth, removed her dresses, pressed her chest, had penetrative sexual assault with her and “X” (PW1) could neither make any sound nor breathe.
2.2. When “X” (
The court affirmed convictions under POCSO, emphasizing the reliability of the minor's testimony alongside corroborative evidence, permitting procedural presumptions regarding the offenses and the ro....
The court affirmed that evidence from birth certificates and credible witness testimonies sufficiently established the victim's age and the occurrence of penetrative sexual assault, meeting the prose....
The prosecution must prove the age of the victim under the POCSO Act; absence of verifiable evidence led to the acquittal due to reliance on untrustworthy testimony.
The main legal point established is the significance of the child's testimony in cases of sexual assault, the presumption under Section 29 of the POCSO Act, and the need for proper protection of the ....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
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