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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Balan @ Balamurugan – Appellant
Versus
State by The Inspector of Police – Respondent
| Table of Content |
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| 1. case involves alleged kidnapping and sexual assault, where evidence was scrutinized. (Para 2 , 3 , 4 , 5 , 6) |
| 2. court reviews evidence and emphasizes importance of victim's consent in legal context. (Para 8 , 12 , 21 , 22) |
| 3. lawyer contends inability of prosecution to substantiate charges. (Para 10 , 11) |
| 4. court establishes that voluntary actions of a consenting individual negate kidnapping claims. (Para 26 , 27) |
| 5. conviction overturned due to lack of evidence supporting prosecution's claims. (Para 28 , 29) |
JUDGMENT :
The Criminal Appeal is directed against the judgment of conviction made in Spl.C.No.150 of 2019 dated 30.08.2022 on the file of the Special Court for POCSO Act cases, Tirunelveli.
3. The Inspector of Police, Pavoorchathiram Police Station, Tenkasi, laid a final report against the accused alleging that the defacto complainant Mariselvan and the accused are belonging to same place, that the defacto complainant's daughter (victim girl) completed her 12th standard in 2018 and the accused, after completing polytechnic course, was working in a spinning mill at Coimbatore, that whenever the accused comes to the native place, by giving false promise to marry t
The court ruled that consensual actions of a mature individual cannot constitute kidnapping under IPC, reversing the conviction due to lack of substantive evidence.
The main legal point established in the judgment is the reliance on documentary evidence, such as the victim's school certificate, and the testimony of the victim to determine the accused's guilt und....
An offence under Section 363 of IPC attracts punishment – “whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term whic....
Conviction under POCSO Act requires credible evidence; inconsistencies and potential tutoring in the victim's testimony can render a conviction unsafe.
Rape – Consent of minor has no legal sanctity.
The age of the victim is crucial in sexual offense cases; if the victim is a minor, consent is legally irrelevant. Conviction under POCSO Act and IPC was affirmed based on credible witness testimonie....
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