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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Kumar – Appellant
Versus
State by the Inspector of Police, All Women Police Station, Pennagaram – Respondent
| Table of Content |
|---|
| 1. details of conviction and charges. (Para 1 , 2) |
| 2. evidence collection by police. (Para 3 , 4) |
| 3. inconsistencies in victim's testimony. (Para 5 , 6) |
| 4. requirements for circumstantial evidence. (Para 7) |
| 5. details from prosecution's side. (Para 9 , 10) |
| 6. doubts regarding the timeline of events. (Para 11 , 12) |
| 7. delay in filing the complaint. (Para 13 , 14) |
| 8. admissibility of deaf-dumb victim's evidence. (Para 15 , 16 , 17) |
| 9. contradictions in witness statements. (Para 18 , 19) |
| 10. interpreter and evidence recording standards. (Para 20 , 21) |
| 11. assessment of circumstantial evidence. (Para 22 , 23) |
| 12. modification of conviction and sentence. (Para 24) |
| 13. conclusion and outcome of the appeal. (Para 25 , 26) |
JUDGMENT :
1. The appellant was convicted vide judgment dated 11.12.2018 in S.C.No.51 of 2016 by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri (trial Court) and sentenced to undergo seven years Rigorous Imprisonment and to pay a fine of Rs.5,00,000/- (Rupees five lakh only) as compensation to the victim/PW2 by the appellant within one month from the date of judgment as per Section 357(3) of Cr.P.C. Challenging the same, present Criminal Appeal filed.
3
Testimony of a disabled victim without following proper evidential procedures cannot sustain a conviction, leading to modification of charges due to inconsistencies and procedural failures.
The court established that videography is mandatory for testimonies of witnesses with communication impairments to ensure authenticity and reliability.
Point of law: Imposition of maximum punishment – Rape case - victim, a deaf and dumb girl was subjected to sexual assault by way of outraging her modesty by the accused taking advantage of her disabi....
Conviction cannot be recorded on the basis of shaky evidence.
Witness unable to communicate verbally - Applicability of - Proviso of Section 119 of Evidence Act is applicable for witnesses, who cannot speak in language of court or otherwise able and can communi....
The acquittal of the accused was justified due to insufficient evidence of lack of consent, establishing that the presumption of absence of consent under Section 114A requires a robust foundation.
In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.
In cases of sexual assault, the victim's testimony is paramount, and the mental state of the victim does not diminish the credibility of her account; corroboration is not a strict requirement if the ....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
The main legal point established in the judgment is the reliance on the consistency and reliability of the victim's testimony, the absence of prevarication, and the corroboration of evidence to estab....
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