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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Jayaraj – Appellant
Versus
Inspector of Police All Women Police Station, Kumbakonam – Respondent
| Table of Content |
|---|
| 1. conviction based on child's testimony. (Para 4 , 10) |
| 2. charges under pocso and ipc explained. (Para 5 , 6) |
| 3. defense arguments against trial court's findings. (Para 8 , 9) |
| 4. the necessity of clear charges and their explanation. (Para 11 , 18) |
| 5. court affirmed evidence and modified sentencing. (Para 14 , 20) |
JUDGMENT :
P.DHANABAL, J.
Challenging the conviction and sentence rendered by the Principal Special Court for trial of cases under POCSO Act, Thanjavur, in Spl.S.C.No.64 of 2019 dated 23.12.2022, the present criminal appeal has been filed by the accused.
2. The accused has been charged for the offences under Sections 448, 366 of IPC and Section 6 r/w.5(i) and 6 r/w.5(j) of POCSO Act.
3. The trial Court has convicted the accused as follows:
4. The case of the prosecution is that on 14.10.2017 while the victim was alone in her house the accused trespassed into the house from the backyard and took the victim girl who is aged about 15 years to his house kitchen and committed penetrative sexual assault. The complaint was lodged by the mother of the victim girl on the same day at about 6.30 p.m. Based on the complaint given by the mother of the victim before the All Women
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 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 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 absence of penetration is critical for a conviction under Sections 5(i) and 6 of the POCSO Act, but the presence of injuries can still lead to a conviction for aggravated sexual assault under Sec....
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