Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
Anthoni Raj – Appellant
Versus
State represented by the Inspector of Police All Women Police Station Jayamkondam Ariyalur District – Respondent
JUDGMENT :
A.D. Jagadish Chandira, J.
1.The instant criminal appeal is filed by the sole accused (hereinafter referred to as “the appellant”) seeking to set aside the judgment of conviction and sentence dated 16.10.2023 passed in Spl. S.C. No. 42 of 2020 (hereinafter referred to as “the impugned judgment’) by the Court of Sessions Judge, Fast Track Mahila Court, Ariyalur (hereinafter referred to as “the Trial Court”).
2. Vide the impugned judgment, the Trial Court found the appellant guilty and convicted and sentenced him as tabulated below;
| Penal Provision | Sentence of Imprisonment | Fine Amount |
|---|---|---|
| Section 5(m) r/w. Section 6 of the POCSO Act, 2012 | Twenty (20) Years Rigorous Imprisonment | Rs. 5000/- in default to undergo one (1) year of simple imprisonment. |
| Period of detention already undergone by the appellant is to be set off under Section 428 Cr.P.C. | ||
3. The Trial Court further recommended that the victim child is entitled to a compensation of Rs.7,00,000/- under the Compensation Scheme for Women Victims/Survivors of Sexual Assault, 2018. The Trial Court also noted that out of the compensation awarded, 80% of the amount shall be deposited in the name of the victim child in any one of the national
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The appellant's position of trust and authority over the child victim led to his conviction under Section 6 of the POCSO Act.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
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
