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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
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 the afternoon at 01.00 p.m. The victim’s mother had also gone for her housemaid work on the date of occurrence. The accused pushed the victim girl and removed her dress and committed penetrative sexual assault on the victim girl. Thereafter, the accused threatened her with dire consequences and war
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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