Back
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 :
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.
3. Based on the complaint lodged by the victim, the respondent police registered a case in Crime No.2 of 2017 against the appellant herein for the offence under Sections 5(l) and 6 of POCSO Act, 2012 and after completion of investigation, they filed the charge sheet against the appellant for the offence under Sections 5(j)(ii)(l) read with 6 of PCOSO Act, 2012 before the Sessions Judge, Magalir Neethimandram, Coimbatore, and the same was taken on file in Spl.C.C.No.21 of 2018. The learned Sessions Judge, after completing the formalities and perusal of records found tha
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.
Consent is irrelevant for minors under POCSO; conviction upheld where evidence indicates forcible sexual assault and intimidation.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
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
