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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Arulselvan – Appellant
Versus
State, Represented by The Inspector of Police, AWPS, Pennagaram – Respondent
| Table of Content |
|---|
| 1. challenge to conviction and sentence imposed. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding victim's consent and age. (Para 5 , 6) |
| 3. evidence presented regarding victim's relationship. (Para 7 , 8) |
| 4. issues surrounding proof of age. (Para 9) |
| 5. supreme court precedent on admissibility of school records. (Para 10 , 11 , 12) |
| 6. acquittal of appellant based on insufficient evidence. (Para 13) |
JUDGMENT :
SUNDER MOHAN, J.
1. This Criminal Appeal challenges the judgment of conviction and sentence imposed by the learned Sessions Judge in Spl.S.C.No.10 of 2017 dated 09.01.2023 on the file of the Fast Track Mahila Court, Dharmapuri.
2. The appellant / A1 was convicted by the trial Court for the offences under Section 363 of IPC and under Sections 5 (l) r/w 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act) and sentenced as follows:
| Offence under Section | Sentence imposed |
|---|---|
| 363 of IPC | To undergo RI for 3 years and to pay a fine of Rs.5,000/-, in default to undergo SI for two months. |
| 5(1) r/w 6 of POCSO Act, 2012 | To undergo RI for 10 years and to pay a fine of Rs.10,000/-, in default to undergo SI for six months. |
3. The case of the prosecution
The conviction under IPC and POCSO Act was overturned due to failure of prosecution to prove the victim's age, highlighting the necessity for strict adherence to evidentiary standards in such cases.
The prosecution must prove the victim's age and circumstances of the alleged crime beyond a reasonable doubt; failure to do so results in acquittal.
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
The court established that a victim's age and the nature of consent are critical in determining liability for sexual offenses, emphasizing the importance of conclusive evidence.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The court established that the prosecution failed to prove the victim's age as a minor, leading to the appellant's acquittal.
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
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