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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
Premkumar – Appellant
Versus
State represented by Inspector of Police All Women Police Station Central – Respondent
| Table of Content |
|---|
| 1. victim's background and case initiation. (Para 2 , 3) |
| 2. defense arguments on inconsistencies and consent. (Para 8 , 9) |
| 3. prosecution emphasizes victim's exploitation and evidence. (Para 10 , 11) |
| 4. court analysis on evidence and victim's status. (Para 12 , 13 , 14 , 15 , 16) |
| 5. maximum punishment as per the nature of crime. (Para 20 , 21) |
| 6. final dismissal of the appeal. (Para 22) |
ORDER :
P.Velmurugan, J.
This Criminal Appeal has been filed against the judgment of conviction and sentence dated 26.11.2019 in Spl.C.C.No.21 of 2018, on the file of the learned Sessions Judge, Mahila Court, Mahalir Neethimandram, Coimbatore.
2. The case of the prosecution is that the victim is a native of Ramanathapuram. Her parents have been engaged in agriculture. The victim girl studied till 10th std in a government school in Karadarndhakkudi and thereafter, the victim girl and her father came to Coimbatore in March 2015 and she joined 11th standard in a Corporation School. Her mother used to visit her from time to time. The appellant, who is from her native, used to come to her home to visit her father and if she needed any book, her father will tell to the appellant and he would buy it
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 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.
The prosecution must prove the age of the victim under the POCSO Act; absence of verifiable evidence led to the acquittal due to reliance on untrustworthy testimony.
Consent is irrelevant for minors under POCSO; conviction upheld where evidence indicates forcible sexual assault and intimidation.
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