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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
M. Manibharathi, S/o. Velu @ Murugavel – Appellant
Versus
State, represented by The Inspector of Police, All Women Police Station, Nagapattinam – Respondent
| Table of Content |
|---|
| 1. establishment of factual background regarding the crime. (Para 2) |
| 2. arguments from both sides regarding evidence and credibility. (Para 3 , 4) |
| 3. court observations on the evidence presented. (Para 5 , 6 , 7 , 8) |
| 4. detailed examination of witness credibility and consistency. (Para 9 , 10 , 11 , 12 , 13) |
| 5. analysis of opposing arguments on evidence discrepancies. (Para 14 , 15 , 16 , 17) |
| 6. court's final observations concluding the case. (Para 18) |
JUDGMENT :
M. Jothiraman, J.
Challenging the judgment dated 27.04.2021 passed in S.C.No.114 of 2015 on the file of the Sessions Court, Special Court under the POCSO Act, Nagapattinam, the appellant has preferred the above appeal.
2. The brief case of the prosecution is as follows:
2.1 “X” (PW21) is the daughter of PW1 (mother) and PW2 (father) and her date of birth is 18.11.1998, to prove which, her birth certificate was marked as Ex.P22. PW4 and PW8 are the elder sister and brother of “X” (PW21), respectively. As PW2 has agricultural lands, PW1 and PW2 were doing agricultural works.
2.2 On 17.03.2015, when PW1 and PW2 were engaged in agricultural activity in their field, “X” (PW21) sat there and watched them. While so, around 3
The court affirmed that evidence from birth certificates and credible witness testimonies sufficiently established the victim's age and the occurrence of penetrative sexual assault, meeting the prose....
The court affirmed convictions under POCSO, emphasizing the reliability of the minor's testimony alongside corroborative evidence, permitting procedural presumptions regarding the offenses and the ro....
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 consistent and corroborated testimony of witnesses, supported by medical evidence, is crucial in establishing guilt in sexual offence cases, and contradictory or inconsistent defenses can weaken ....
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 ....
A conviction for sexual assault cannot be based on inconsistent testimony alone if it lacks corroboration from forensic or medical evidence. The court must evaluate defense and prosecution witnesses ....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.
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