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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
S.Govindaraj, S/o. Sampath – Appellant
Versus
State represented by The Inspector of Police, All Women Police Station – Respondent
JUDGMENT :
P.Velmurugan, J.
Challenging the judgment dated 03.08.2018 passed in Spl.S.C.No.66 of 2017 on the file of the Fast Track Mahila Court, (Sessions Court), Vellore, Vellore District, the appellant has preferred the above appeal.
2. The brief case of the prosecution is as follows:
2.1 During the village festival in the year 2016, the appellant is said to have developed friendship with the victim girl “X” (PW1), who was aged about 15 years. While so, on 09.10.2016 around 10.00 a.m., the appellant, on the promise of marriage, has forcible sexual intercourse with “X” (PW1), due to which, “X” (PW1) got pregnant. On 02.04.2017, “X” (PW1) along with her father (PW2) and grandmother went to the appellant’s house and informed above the pregnancy of “X” (PW1) and asked the appellant to marry her, for which, the appellant said that he will not marry “X” (PW1) and if they demand for the same, he will kill “X” (PW1). Subsequently, “X” (PW1) gave birth to a female child on 11.07.2017.
2.2 On the complaint (Ex.P1) dated 03.04.2017 given by “X” (PW1), the respondent/police registered a case in Crime No.3 of 2017 for the offences under Sections 376 , 506(II) IPC and Sections 4 and 8 of the Pro
Consent is irrelevant for minors under POCSO; conviction upheld where evidence indicates forcible sexual assault and intimidation.
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.
The prosecution must prove foundational facts beyond a reasonable doubt, failing which the presumption of guilt does not apply.
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