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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Abbas – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. conviction based on the circumstances of the case and evidence presented. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the credibility of the evidence and testimony. (Para 5 , 6) |
| 3. court observations emphasizing the reliability of the victim's testimony. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final judgment affirms conviction based on established charges. (Para 16) |
JUDGMENT :
1. This appeal is directed as against the Judgment passed in Spl.S.C.No.59 of 2025 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai dated 17.05.2024, thereby convicted the appellant for the offences punishable under Section 5 (l) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short hereinafter referred to as 'the POCSO Act'), 5(n) r/w of the POCSO Act and under Section 506 (PART I) of IPC.
3. During trial in order to bring the charges to home, the prosecution had examined P.W.1 to P.W.13 and Exs.P1 to P.20 were marked. On the side of the appellant no one was examined and no documents were produced before the Trial Court.
5. The learned counsel appearing for the appellant submitted that the defacto complainant
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
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