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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
| Table of Content |
|---|
| 1. background of the criminal appeal and allegations (Para 1 , 2) |
| 2. arguments from both the appellant and prosecution (Para 3 , 4) |
| 3. evaluation of witness credibility and timelines (Para 5 , 6 , 7 , 8) |
| 4. court's reasoning on the implausibility of claims (Para 9 , 10 , 11 , 12 , 13) |
| 5. conclusion on insufficiency of evidence (Para 14) |
| 6. court's order to acquit the appellant (Para 15) |
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
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.
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