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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Siranjeevi – Appellant
Versus
State rep. by The Inspector of Police, All Women Police Station – Respondent
| Table of Content |
|---|
| 1. background of the case and offenses charged. (Para 2) |
| 2. arguments on consent and age of victim. (Para 3 , 4) |
| 3. witnesses’ testimony regarding victim's age. (Para 5 , 6 , 10) |
| 4. victim's admissions and conflicting evidence on age. (Para 8 , 9 , 11) |
| 5. mistake of fact as a defense under section 79 ipc. (Para 12 , 13 , 14 , 15) |
| 6. final judgment allowing the appeal and acquitting the appellant. (Para 16) |
JUDGMENT :
SUNDER MOHAN, J.
The Criminal Appeal challenges the judgment dated 18.04.2023 passed in Spl.S.C.No.37 of 2021 by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District, convicting and sentencing the appellant/sole accused as follows:
| Sl.No. | Offence under Section | Sentence imposed |
|---|---|---|
| 1 | 366 IPC | To undergo four years RI and to pay a fine of Rs.1,000/-, in default to undergo three months SI; |
| 2 | 5(l) r/w 6(l) POCSO Act | To undergo twenty years RI and to pay a fine of Rs.1,000/-, in default to undergo one year SI; |
| The sentences were ordered to run concurrently. | ||
2. (i) The case of the prosecution is that the appellant and the victim girl, aged about 17 years, had a love affair; that the parents of the victim girl came to know of that and they had cauti
In criminal cases involving consent, the conviction may be overturned if there is a reasonable mistake of fact regarding the victim's age, absolving the accused under Section 79 IPC.
Prosecution failed to prove victim's age and that the assaults were not consensual, leading to the overturning of the conviction.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
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 under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The prosecution must prove the victim's age and circumstances of the alleged crime beyond a reasonable doubt; failure to do so results in acquittal.
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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