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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
P.Prakash, S/o.Perumal – Appellant
Versus
State rep. by the Inspector of Police – Respondent
| Table of Content |
|---|
| 1. victim's age and circumstances of abuse. (Para 3 , 4 , 5 , 6 , 7 , 19 , 20) |
| 2. corroboration of victim's testimony by evidence. (Para 10 , 15 , 24 , 25) |
| 3. challenge to delay and discrepancies in complaint. (Para 11 , 12 , 13 , 14) |
| 4. sole testimony of the victim suffices for conviction. (Para 32 , 33 , 34 , 35) |
| 5. judicial attitude towards family-related sexual offenses. (Para 39 , 40) |
JUDGMENT :
G.ARUL MURUGAN, J.
This Criminal Appeal has been preferred against the judgment dated 30.11.2021 in Spl.S.C. No.7 of 2017 on the file of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri.
2. The trial court convicted the appellant and sentenced as follows:-
| Penal Provisions | Sentence of Imprisonment | Fine Amount |
|---|---|---|
| Section 6 of POCSO Act | 10 years RI | Rs.5,000/-, in default to undergo 6 months SI |
3. According to the prosecution, the victim/PW1 minor girl aged 14 years was studying 10th standard in Government Higher Secondary School at Athimarathur. PW1 is staying along with her grandmother at Pudhukadu of Eriyur. PW2/father and PW3/mother of the victim are staying away at Coimbatore and doing mason work for their livelihood and they visit the village once in a month. PW1’s brot
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
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