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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Aashik Mohamed @ Al Ashik – Appellant
Versus
State represented by The Inspector of Police – Respondent
JUDGMENT :
K.MURALI SHANKAR, J.
1. The Criminal Appeal is directed against the judgment of conviction passed in Spl.S.C.No.385 of 2023, dated 30.05.2024, on the file of the Special Court for POCSO Act cases, Dindigul.
2. The case of the prosecution is that the defacto complainant – Malaisamy, Sub Inspector of Police, Dindigul Town West Police Station received a video in WhatsApp depicting the accused visually signalling and calling a minor boy by exposing his private parts and inviting him to engage in unnatural sexual acts, that the accused had spread the video widely on socila media, that the accused had threatened the minor boy not to reveal anything or else he along with his family would be finished and that thereby the accused had committed the offences under Section 11(5), 12, 13, 14(1) of POCSO Act and under Section 67(B)(a) of the Information Technology Act.
3. After the receipt of the final report, the case was taken on file in Spl.S.C.No.385 of 2023, on the file of the Special Court for POCSO Act cases, Dindigul. After the appearance of the accused, copies of records were furnished to him under Section 207 Cr.P.C., on free of cost. The learned Sessions Judge, on perusal of re
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Penetrative sexual assault on girl – Age of victim is a crucial factor in POCSO cases.
The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
The prosecution must prove the victim's age as below 18 for POCSO applicability; failure to do so leads to acquittal.
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
The judgment reinforced the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony and medical evidence in securing convictions.
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