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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Ganesamoorthy – Appellant
Versus
State represented by, The Inspector of Police All Women Police Station – Respondent
JUDGMENT :
P.DHANABAL, J.
Challenging the conviction and sentence rendered by the learned Principal Special Court for Exclusive Trial of Cases under the Prevention of Children from Sexual Offences Act, Madurai, in Spl.S.C.No.16 of 2016 dated 29.11.2021, 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 |
|---|---|---|
| 5(i), 5(l), 5(m), 5(n) r/w 6 of POCSO Act | Life Imprisonment till death | Rs.5,000/- i/d to undergo one year rigorous imprisonment and to pay a sum of Rs.50,000/- as compensation to the victim |
3. The case of prosecution is that the appellant is the father of the victim girl and the victim girl along with the appellant, mother and the sisters are residing in the same roof. While so, one and half years prior to date of 02.07.2015, the accused committed aggravated penetrative sexual assault repeatedly on the victim girl, who is aged about 12 years and also caused injuries to the sexual organs of the victim girl. The said occurrence was informed to the Child Welfare Committee/P.W.1 by the aunt of the victim girl and thereafter, P.W.2/Coordinator of Child Welfare Committee enqu
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 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 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.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The court held that insufficient evidence for penetrative assault warrants acquittal under specific POCSO sections, yet convicted the appellant for lesser sexual assault under Section 9(n).
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