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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Boopathy S/o Vasu – Appellant
Versus
State Rep by Inspector of Police All Women Police Station, Chengalpet – Respondent
| Table of Content |
|---|
| 1. the appellant's conviction and sentences are questioned. (Para 1 , 5 , 8) |
| 2. factual details regarding the incident and victim's relationship with the appellant. (Para 2 , 3 , 4 , 10 , 12) |
| 3. discussion on the evidence and issues regarding the credibility of witness statements. (Para 9 , 11 , 13) |
| 4. court's decision to set aside the trial court's judgment. (Para 14 , 15) |
JUDGMENT :
1. This criminal appeal has been preferred challenging the judgment of conviction and sentence passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Chengalpattu in Spl.S.C.No.200 of 2019 dated 09.11.2023, convicting and sentencing the appellant to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months simple imprisonment for the offence under Section 366 IPC and to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default to undergo 1 year rigorous imprisonment for the offence under Section 6 read with 5(1) of the Protection of Children from Sexual Offences Act, 2012.
3. Based on the complaint, Ex.P2 given by the de-facto complainant, who is the mother of the victim, the respondent Po
The prosecution must prove foundational facts beyond a reasonable doubt, failing which the presumption of guilt does not apply.
The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.
Conviction for sexual assault can rely on victim testimony alone, even in the absence of physical evidence, provided the testimony is credible.
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
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....
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
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