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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Udaiyan, S/o. Aathimuthu – Appellant
Versus
State of Tamil Nadu, Represented by the Inspector of Police – Respondent
| Table of Content |
|---|
| 1. background on conviction under pocso act (Para 1 , 2 , 4) |
| 2. contradictory testimonies raise reasonable doubt (Para 5 , 6 , 8) |
| 3. lack of evidence for aggravated sexual assault (Para 7 , 9 , 12 , 13 , 14) |
| 4. definition and implications of sexual assault under pocso (Para 15 , 16 , 17) |
| 5. modification of conviction and sentence (Para 18 , 19 , 20) |
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
1. This appeal is directed as against the Judgment passed in Spl.S.C.No.171 of 2019 on the file of the Special Court, for Exclusive Trial of Cases under POCSO Act, Thoothukudi, dated 28.07.2023, thereby convicted the appellant for the offence punishable under Section 5(m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (in short hereinafter referred to as 'the POCSO Act') and sentenced him to undergo imprisonment of life and imposed with the fine of Rs.10,000/- in default to undergo six months Simple Imprisonment.
2.The case of the prosecution was that on 23.11.2017 at about 05.00 p.m., while the minor victim girl, aged about 4 years, was playing in front of her house with her brother, her mother, who was inside the kitchen, heard the child crying. When she was rushed out, she
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
The requirement for proving penetration in cases under the POCSO Act is critical, and lack of substantial medical evidence necessitates modification of charges.
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
Penetrative sexual assault occurs upon the insertion of any body part to any extent into a child's vagina, urethra, or anus; full penetration is not required. Sentencing for overlapping offences of t....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The court held that insufficient evidence for penetrative assault warrants acquittal under specific POCSO sections, yet convicted the appellant for lesser sexual assault under Section 9(n).
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