Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Velayutham – Appellant
Versus
State of Tamil Nadu, Rep. by Inspector of Police, Mettupalayam Police Station, Puducherry – Respondent
JUDGMENT :
SUNDER MOHAN, J.
This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him for the offence under Section 323 of the IPC and Sections 10 and 12 of the POCSO Act, 2012, vide judgment dated 23.02.2023 in Spl.SC.No.5 of 2021, on the file of the learned Special Judge (Under the POCSO Act 2012) Principal Sessions Judge, Puducherry.
2. (i) The case of the prosecution is that the appellant is the father of the victim girl; that a few years prior to 15.04.2020, the appellant had sexually assaulted the victim girl, who was aged 8 to 9 years at the time of occurrence and aged 13 years at the time of filing of the complaint; that he had inappropriately touched the private part of the victim girl and made the victim girl touch his penis on several occasions; that after the victim girl attained puberty, the appellant made the victim girl to read pornographic books; that the appellant on one occasion peeped into the bedroom of the victim girl, while she was changing her dress after a bath; and thus, committed the offence under Sections 11 (i) and 12 of POCSO Act, 2012.
(ii) On the complaint [Ex.P1] given by PW1, the mother of the v
The court held that a conviction under sexual assault charges must rest on credible evidence, finding the testimonies in this case to be influenced by personal motives and thus unreliable.
The court held that while the victim's testimony suggested sexual assault, inconsistencies regarding penetration necessitated a reduction in conviction to lesser charges under the POCSO Act.
Delay in lodging an FIR undermines the prosecution's credibility, potentially leading to the collapse of the case if deemed fabricated.
In sexual offence cases, the sole testimony of a victim must be corroborated; delays and inconsistencies can create reasonable doubt leading to acquittal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
