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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
Murugesan S/o Ramasamy – Appellant
Versus
State Represented by Deputy Superintendent of Police, Tiruppur District – Respondent
| Table of Content |
|---|
| 1. factual background of the case and events leading to the trial. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding delay and evidence inconsistencies. (Para 8 , 9 , 10 , 11) |
| 3. court's evaluation of evidence and reasoning for conviction. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. final decision confirming conviction and sentence. (Para 22 , 23) |
JUDGMENT :
G. ARUL MURUGAN, J.
1. This appeal is filed challenging the judgment dated 09.04.2021 made in Spl.S.C.No.47 of 2019 on the file of the Mahalir Neethi Mandram (Fast Track Mahila Court), Tiruppur.
2. The appellant, was convicted and sentenced by the trial court as detailed below:-
| Penal Provisions | Sentence of Imprisonment | Fine Amount |
| 7 r/w 8 of POCSO Act, 506(ii) of IPC and 3(1)(w)(i) r/w 3(2) (va) of SC/ST Act | 5 Years Rigorous Imprisonment for each of the offence | Rs.1,000/- each in default to undergo 1 Year Rigorous Imprisonment each |
| Sentences shall run concurrently | ||
3. It is the case of the prosecution that the victim/PW1 was brought up by her grandparents. Due to family dispute, PW1's mother committed suicide and PW1's father had left the family by conducting second marriage and therefore the victim and her brother
The court affirmed that the prosecution established the minor's sexual assault under POCSO, requiring the accused to disprove presumption of guilt, which he failed to do, thus affirming the convictio....
Inconsistent testimonies and unexplained delays in filing complaints undermine the credibility of charges in sexual assault cases.
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
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