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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Vijayakanth – Appellant
Versus
State By The Inspector Of Police, All Women Police Station – Respondent
ORDER :
G.K.ILANTHIRAIYAN, J.
This criminal appeal has been filed praying to set aside the order of conviction and sentence imposed by the learned Sessions Judge, Fast Track Mahalir Court, Krishnagiri in Spl.SC.No.38 of 2016 dated 25.07.2018, thereby convicting the accused for the offence punishable under Section 3 r/w 4 of POCSO Act
2. The case of the prosecution is that the victim was born on 07.04.1998 as per her transfer certificate issued by her Headmaster and while she was studying 12th standard, the accused promised to marry her and due to falling in love on the pretext of marriage, they had physical relationship, due to which she got pregnant. The pregnancy was terminated by administering medicine. Thereafter, once again the victim girl had physical relationship with the accused and got pregnant. Second time also she was administered some medicine and her pregnancy got aborted. Thereafter the accused refused to marry her and as such, she lodged complaint. On the complaint, the respondent registered FIR in crime No.4 of 2016 for the offences punishable under Section 3 and 4 of POCSO Act. After completion of investigation, final report was filed and the same was taken cognizance
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
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