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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
Murugan – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. prosecution case: auto driver assaulted 13-year-old victim. (Para 2 , 3 , 4 , 5 , 6) |
| 2. appellant claims enmity; respondent upholds witness consistency. (Para 7 , 8) |
| 3. victim age and assault proved by consistent testimonies. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. section 29 presumption applies; conviction upheld. (Para 23 , 24) |
| 5. sentence reduced to minimum absent aggravating evidence. (Para 25 , 26 , 27 , 28) |
JUDGMENT :
G. ARUL MURUGAN, J.
1. This Criminal Appeal is filed challenging the judgment dated 28.02.2022 made in New Spl.S.C.No.159 of 2019 on the file of the Court of Principal Special Judge, Special Court for Trial of Cases under the Protection of Children from Sexual Offences Act, 2012, Salem.
2. The appellant/sole accused was convicted for an offence under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 (hereinafter referred to as ‘the POCSO Act’) and sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs.20,000/-, in default of payment of fine, to undergo six months simple imprisonment.
3. It is the case of the prosecution that the victim/PW2 was aged 13 years and studying 8th st
Victim's credible testimony and unrebutted Section 29 POCSO presumption prove sexual assault; sentence modified for lack of aggravating evidence.
The prosecution must prove the age of the victim under the POCSO Act; absence of verifiable evidence led to the acquittal due to reliance on untrustworthy testimony.
Section 7 of POCSO Act reads as whoever, with sexual intent touches vagina, penis, anus or breast of the child with sexual intent without penetration is said to commit sexual assault.
The main legal point established is the significance of the child's testimony in cases of sexual assault, the presumption under Section 29 of the POCSO Act, and the need for proper protection of the ....
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