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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
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 were taken care of by her maternal grandparents. The victim was aged 15 years and was staying in a hostel and studying 9th standard. Due to vacation, she had come to her grandparent’s house. On 25.09.2019, PW1 along with her grandmother/PW2 had gone for work, who earned her livelihood by doing daily wages. After returning from work, the victim got money from her grandmot
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....
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
In sexual offence cases, the sole testimony of a victim must be corroborated; delays and inconsistencies can create reasonable doubt leading to acquittal.
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