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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, KRISHNAN RAMASAMY
Henrilouise – Appellant
Versus
State represented by, The Inspector of Police, Aranthangi All Women Police Station – Respondent
| Table of Content |
|---|
| 1. conviction for sexual assault detailed (Para 1 , 2 , 3) |
| 2. arguments against the prosecution's case (Para 6 , 7 , 8) |
| 3. prosecution evidence and its support (Para 9 , 10) |
| 4. challenges to complaint veracity (Para 12 , 13 , 21 , 22 , 24) |
| 5. prosecution failed to meet burden of proof (Para 28) |
| 6. judgment of acquittal pronounced (Para 29) |
JUDGMENT :
This appeal is directed as against the Judgment passed in Spl.S.C.No.31 of 2022 dated 16.08.2023, on the file of the learned Sessions Judge (Full Additional Charge), Mahila Court, Pudukkottai, thereby convicting the appellant for the offence punishable under Section 6 (1) of the Protection of Children from Sexual Offences (Amendment) Act, 2019 (in short hereinafter referred to as “the POCSO Act, 2019”) and Section 506 (PART I) of I.P.C.
3.It is further stated that in April 2021, the victim girl informed her mother about the sexual offences committed by the appellant. When the wife of the appellant inquired about the same, the appellant assaulted her and uttered obscene words. Further, the accused allegedly failed to hand over six sovereigns of a gold chain to the complainant, thereby committing criminal breach of trust. Therefo
The prosecution's failure to prove charges beyond reasonable doubt, coupled with significant delays and contradictions, leads to acquittal.
Delay in lodging a sexual offence complaint is not detrimental if sufficiently explained; the victim's credible testimony is pivotal in affirming conviction.
The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.
The court clarified the distinction between sexual assault and aggravated penetrative sexual assault under the POCSO Act, emphasizing the need for evidence of penetration to establish the latter.
Failure to disprove the accusations leads to conviction under the POCSO Act despite absence of physical evidence.
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