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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Adaikalam – Appellant
Versus
Inspector of Police All Women Police Station – Respondent
JUDGMENT :
P.DHANABAL, J.
Challenging the conviction and sentence rendered by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur in Special S.C.No.14 of 2015 dated 24.07.2019, the present criminal appeal has been filed by the appellant.
2.. The trial Court has convicted the appellant as follows:
| Penal Provisions | Sentence of Imprisonment | Fine Amount |
|---|---|---|
| 6 of POCSO Act | Life Imprisonment | Rs.1000/- i/d to undergo three months simple imprisonment |
3. The case of the prosecution is that the victim girl was residing at the house of one Rani and she was doing the work entrusted by the villagers. Thereby, the victim girl very often used to go to the house of the accused for doing housework. While so, in the month of May 2015, when the victim girl was in the house of the accused for watching TV, the accused gave fruit mixer juice to the victim girl with some substance and thereby, she became unconscious. Thereafter, he committed penetrative sexual assault towards the victim girl. Further, the accused committed penetrative sexual assault repeatedly on the victim girl and thereby, she got conceived and the same was aborted. The victim girl was aged about 15 years on the d
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 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....
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.
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