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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL
Chandramohan – Appellant
Versus
Inspector of Police All Women Police Station – Respondent
| Table of Content |
|---|
| 1. overview of factual background involving charges and conviction (Para 1 , 3) |
| 2. arguments presented by the appellant against conviction (Para 4 , 5) |
| 3. court's examination of evidence and victim's statements (Para 6 , 7 , 8) |
JUDGMENT :
P.DHANABAL , J.
Challenging the conviction and sentence rendered by the Special Court for Prevention of Children from Sexual Offences Act cases, Virudhunagar camp @ Srivilliputhur in Special S.C.No.21 of 2020 dated 03.09.2022, the present criminal appeal has been filed by the appellant.
2.. The trial Court has convicted the appellant as follows:
3. The victim is aged about 16 years and was working in a private garments and she used to return home at about 10.00 pm., after completion of work. While so, on 06.12.2013 at about 10.00 pm., after completion of work she was walking towards Aruppukottai Velmurugan colony at that time the friend of the brother of the appellant called her and thereafter he followed and pulled her shawl and she raised alarm. At the time he closed her mouth through shawl and took her to the newly constructed building which is situated opposite to the Offguard Church where he committed penetrative sexual assault and
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 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 victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
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....
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
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