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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Mohan – Appellant
Versus
State Rep. by Inspector of Police, Erode All Women Police Station – Respondent
| Table of Content |
|---|
| 1. credibility of victim affects case outcome. (Para 4 , 6 , 13) |
| 2. medical evidence is inconclusive but corroborative. (Para 12) |
| 3. legal presumptions under pocso act serve as evidentiary support. (Para 15 , 16) |
| 4. prosecution meets burden of proof beyond reasonable doubt. (Para 17) |
| 5. appeal dismissed, conviction upheld. (Para 18) |
JUDGMENT :
M. JOTHIRAMAN, J.
1. This criminal appeal has been filed by the appellant/sole accused challenging the judgment of conviction and sentence passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode in Special S.C.No.10 of 2018 dated 25.10.2019, in and by which the appellant was convicted under Section 5 (n) r/w. 6 of Protection of Children from Sexual Offences Act, 2012 [In short “POCSO Act”] and sentenced to undergo Life imprisonment with a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment.
2. Brief case of the prosecution is as follows:
2.1. The victim girl aged 13 years, who was examined as PW1, deposed that she is staying at Kaspapettai Mariyalaya and studying 7th standard at Girls Higher Secondary School at Amman Kovil. She has one brother called Darnesh. Her mother Annakodi a
The court affirmed that once foundational facts of sexual assault are established, the presumption of guilt under the POCSO Act applies, shifting the burden to the accused to prove otherwise.
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 conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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 main legal point established in the judgment is the reliance on school records, legal precedents, and medical evidence to establish the victim's age and prove the aggravated penetrative sexual as....
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