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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Kamaraj Perumal – Appellant
Versus
Inspector of Police All Women Police Station – Respondent
| Table of Content |
|---|
| 1. prosecution’s case established through victim’s testimony and corroborating evidence. (Para 1 , 2 , 5 , 10) |
| 2. defendants argued against the reliability of witness testimonies. (Para 7 , 8 , 9) |
| 3. court examined validity of charges, affirming conviction but modifying sentence based on circumstances. (Para 11 , 16 , 18) |
JUDGMENT :
P.DHANABAL, J.
Challenging the conviction and sentence rendered by the learned Special Court (POCO Act Cases) Virudhunagar District at Srivilliputhur in Spl.S.C.No.76 of 2020 dated 24.11.2022 the present criminal appeal has been filed by the appellants.
2. Originally there are two accused in this case and the first accused has faced charge for the offences under Sections 5 (m)(n)(l)r/w.6 of POCSO Act and Sections 468 ,471, 420 of IPC and the second accused has been charged for the offence under Section 5 (m)(n)(l)r/w.6 of and Section 5 06(i) of .
3. For the sake of convenience and brevity, the appellant in Crl.A(MD) No. 313 of 2023 hereinafter referred to as second accused and the appellant in Crl.A.(MD) No.354 of 2026 hereinafter referred to as first accused.
4. The trial Court convicted the first accused for the offences under Section 5 (l), 5
The court affirmed the conviction of two accused under POCSO Act while modifying the sentence to ten years imprisonment based on the victim's reliable testimony and evidence.
The acquittal and conviction under POCSO Act depend on the credibility of the victim's testimony, corroborated by medical evidence, reinforcing the presumption of guilt against the accused.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
The court modified the conviction from penetrative sexual assault to aggravated sexual assault due to insufficient evidence, emphasizing the need for corroborative medical testimony in such cases.
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....
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