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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
Murugan – Appellant
Versus
State through The Inspector of Police, All Women Police Station – Respondent
| Table of Content |
|---|
| 1. factual background of the case including events surrounding the crime. (Para 2 , 10 , 11) |
| 2. arguments regarding false implication and lack of independent witnesses. (Para 6 , 7 , 14 , 15) |
| 3. court's observations on the victim's reliability and treatment of her testimony. (Para 8 , 19 , 22 , 23) |
| 4. established ratio regarding sole testimony of the victim. (Para 20 , 21 , 24) |
JUDGMENT :
N. MALA, J.
(1)The above Criminal Appeal is preferred by the appellant / accused against the judgment of conviction and sentence dated 05.05.2021, made in Spl.SC.No.49 of 2018, by the learned Sessions Judge, Fast Track Mahila Court, Dindigul, convicting and sentencing the appellant/accused for the offences under Section 5(l)(m) r/w 6 of POCSO Act and under Section506(i) of IPC.
(2)The factual scenario as unfolded during the course of trial is as follows:-
(a)The case of the prosecution, in brief was that, the victim girl was aged 12 years at the time of occurrence. She was studying VIII Standard at Government Girls Higher Secondary School, Dindigul and was residing along with her parents in Dindigul. The accused was temporarily working in the Railways as a gate man in a level crossing. The
The conviction can be sustained solely on the victim's credible testimony under POCSO, even without corroboration, emphasizing the need for sensitivity in child victim cases.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
Conviction in sexual assault cases requires corroborative evidence alongside victim testimony; inconsistent accounts can undermine credibility, necessitating careful judicial scrutiny over procedural....
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
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