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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
S.Mohammed Asan – Appellant
Versus
State by the Inspector of Police, All Women Police Station (West),Coimbatore – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. appellant's defense arguments. (Para 6 , 7 , 8) |
| 3. prosecution arguments and witness evaluations. (Para 9 , 10 , 11) |
| 4. court's analysis of evidence. (Para 12 , 13) |
| 5. conclusion and modification of sentence. (Para 14 , 15) |
JUDGMENT :
M.NIRMAL KUMAR, J.
The appellant was convicted by judgment dated 22.11.2022 in S.C.No.137 of 2021 by the learned Sessions Judge, Mahila Court/Additional Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore (trial Court) and sentenced to undergo one year Imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months Simple Imprisonment for offence under Section 451 IPC and also sentenced to undergo two years Imprisonment for offence under Section 354(A)(i) IPC. Challenging the same, present Criminal Appeal filed by the appellant.
2.Case of the prosecution is that the victim/PW2 aged about 21 years having less Intelligent Quotient (IQ) than a normal person was sexually assaulted by the appellant. The victim was residing with her parents (PW1 & PW3), brother and sister in South Ukkadam, Coimbatore District. The victim’s mother PW1 and victim’s sister ar
The conviction was upheld based on the victim's identification despite lapses in corroborative evidence, emphasizing the necessity for credible testimony in criminal proceedings involving vulnerable ....
The prosecution must prove its case beyond reasonable doubt, and unsupported victim testimony does not suffice for conviction.
The prosecution must prove its case beyond a reasonable doubt, and inconsistencies in the survivor's testimony led to the acquittal of the accused.
In criminal cases, the prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.
The court upheld the conviction for sexual assault on a minor, emphasizing the reliability of the victim's testimony and corroborating evidence despite challenges regarding delay and medical findings....
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 acquittal of the respondent was upheld due to significant inconsistencies in the victim's testimony and lack of supporting evidence, emphasizing the importance of credible evidence in child sexua....
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