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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
Arul Doss – Appellant
Versus
State rep. By Inspector of Police, Vickiramangalam Police Station, Ariyalur District Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. conviction under pocso based on victim testimony. (Para 3 , 5) |
| 2. arguments regarding the credibility of the testimony. (Para 8 , 9) |
| 3. issues with the victim's evolving statements. (Para 19 , 20 , 28) |
| 4. decision based on lack of credible evidence. (Para 30) |
JUDGMENT :
The appeal is filed challenging the judgment dated 25.04.2022 in Special Session Case No.9 of 2020 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur District.
2. The appellant was convicted for the offences under Section 8 of the POCSO Act and Section 354A (2) of I.P.C and was sentenced as follows;
| Penal Provisions | Sentence of Imprisonment | Fine Amount |
| 8 of POCSO Act and 354A(2) of IPC | 3 Years Rigorous Imprisonment | Rs.10,000/- in default to undergo 6 months simple imprisonment |
3. It is the case of the prosecution that the victim/PW1, aged 13 years and studying in 7th standard was at home on 05.01.2020 due to the school holiday. At about 05.00 pm, when the victim's mother/PW2 returned from the field in the backyard, PW1 informed her that she was going to pick up the slippers she had left behind in the field. The victim returned home crying and when PW3, her aunt enquired her about the
Inconsistent testimonies and unexplained delays in filing complaints undermine the credibility of charges in sexual assault cases.
The court affirmed that the prosecution established the minor's sexual assault under POCSO, requiring the accused to disprove presumption of guilt, which he failed to do, thus affirming the convictio....
The delay in lodging the FIR due to pandemic restrictions does not undermine the prosecution's case, and the evidence of child witnesses is credible despite minor discrepancies.
The court upheld the conviction for sexual assault on a minor, modifying the life sentence to 10 years based on pre-amendment provisions of the POCSO Act, while confirming the fine imposed.
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
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