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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
S.Amjathkhan – Appellant
Versus
State Represented By, The Inspector Of Police – Respondent
| Table of Content |
|---|
| 1. nature of the case and charges (Para 1 , 2 , 3) |
| 2. defense arguments against prosecution evidence (Para 6 , 7 , 8) |
| 3. response to delay in lodging complaint (Para 9 , 10) |
| 4. delay explanation not affecting prosecution case (Para 17 , 18) |
| 5. dna evidence and final ruling (Para 19 , 20) |
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
This appeal is directed as against the Judgment passed in Spl.S.C.No.12 of 2021 dated 27.12.2021, on the file of the learned Sessions Judge, Family Court, Full Additional Charge, Mahila Court, Pudukkottai, thereby convicting the appellant for the offence punishable under Sections 5(n), 5(j)(ii) r/w 6(1) of the Protection of Children from Sexual Offences (Amendment) Act, 2019 (in short hereinafter referred to as 'the POCSO Act').
2.The case of the prosecution is that the accused is the third husband of the minor victim's mother. The minor victim girl was aged about 14 years and was born to the second husband of her mother on 02.06.2007. The mother of the victim girl is a house maid and the accused used to go to sea for fishing.
3.While being so, on 07.08.2020 when the victim girl was alone in her house, the accused, who had gone for fishing, returned early in
Delay in lodging a sexual offence complaint is not detrimental if sufficiently explained; the victim's credible testimony is pivotal in affirming conviction.
The prosecution's failure to prove charges beyond reasonable doubt, coupled with significant delays and contradictions, leads to acquittal.
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
The conviction for aggravated penetrative sexual assault was upheld due to credible testimony and DNA evidence, emphasizing that delays in reporting such crimes are often immaterial.
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