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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Mahendran – Appellant
Versus
State represented by The Inspector of Police, All Women Police Station – Respondent
| Table of Content |
|---|
| 1. details surrounding the accusation against the accused. (Para 2 , 3 , 4 , 5 , 10) |
| 2. discussion on the definitions and application of relevant laws in the case. (Para 8 , 14 , 15 , 18) |
| 3. defense's arguments challenging the prosecution's case. (Para 11 , 12 , 13) |
| 4. court's view on the gravity of the accused's actions. (Para 36 , 37) |
| 5. final dismissal of the appeal and confirmation of the original sentence. (Para 38) |
JUDGMENT :
K. Murali Shankar, J.
The Criminal Appeal is directed against the judgment of conviction made in Spl.S.C.No.4 of 2016 dated 06.07.2018 on the file of the Mahila Court, Madurai.
2. The Inspector of Police, All Women Police Station, Tallakulam, Madurai City laid a charge sheet against the appellant / sole accused (hereinafter referred as 'accused') alleging that the defacto complainant was working as a beautician trainer in Industrial Training Institute (ITI), Pudhur, Madurai and her husband was working as a Head Constable in Dog Squad attached to Armed Reserve, Madurai, that the defacto complainant's daughter (victim girl) was studying 7th standard in Kendriya Vidyalaya, Madurai, that the victim girl, after attending school, used to go to tuition
The conviction for attempt to sexually assault a minor was upheld based on credible testimonies, emphasizing the credibility of child witnesses and the reverse burden of proof under the POCSO Act.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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 ....
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