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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.MALA
Mahendran @ Mahesh – Appellant
Versus
State through The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. doubt on victim's age as a foundational fact (Para 6 , 11 , 12 , 15) |
| 3. unreliability of victim's testimony (Para 7 , 10 , 14 , 16) |
| 4. judgment set aside based on evidence evaluation (Para 17) |
| 5. appeal allowed, and appellant acquitted (Para 18 , 19) |
JUDGMENT :
N.MALA, J.
(1) The above Criminal Appeal is preferred by the appellant/sole accused against the judgment of conviction and sentence dated 20.10.2015, made in Spl.SC.No.33/2014, by the learned Sessions Judge, Fast Track Mahila Court, Thoothukudi, convicting and sentencing the appellant/accused for the offences under Section 366 of IPC and under Section 4 of POCSO Act.
(2)The factual scenario as unfolded during the course of trial is as follows:-
(a)The case of the prosecution in a nutshell:
The victim girl was 14 years old at the time of occurrence as per her recorded date of birth, 30.12.1999. The victim was residing in her aunt Murugeswari's house in Rajapalayam and was pursuing her studies there. During summer vacation / holidays, the victim used to visit her parents and assist her father [PW1] in vegetable business. While so, she developed acquaintance with
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The court emphasized that the school certificate is the best proof of age and followed the procedure under the Juvenile Justice Act to determine the age of the victim. The court held that consent is ....
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
The main legal point established in the judgment is the importance of proving the age of the victim to establish the commission of offences under the POCSO Act. The judgment emphasizes the admissibil....
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
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