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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Dharmadurai – Appellant
Versus
State Represented by the Inspector of Police, All Women Police Station, Thirumangalam – Respondent
JUDGMENT :
R. POORNIMA, J.
1. This Criminal Appeal is filed against the judgment of conviction and sentence passed by the Sessions Judge, Principal Special Court for POCSO Act cases, Madurai, in Special S.C.No.67 of 2018, dated 25.04.2022 and consequently to acquit the appellant.
2. The case of the prosecution is that the accused and the minor victim girl belonged to the same village. The accused used to talk to her frequently, propose his love, and assured her that he would marry her. On 14.01.2017 at about 07.00 p.m., the accused came and assured that he would marry her and took her to the east street of Muniyandi's dilapidated bathroom and committed penetrative sexual assault. Thereafter, he also used to follow her and assured that he would marry and also committed repeated penetrative sexual assault. She did not disclose the occurrences to her mother. Subsequently, she had developed stomach pain and she was taken to Government Hospital, Thiruparankundram, where it was found that she was six months pregnant. Thereafter, the mother and maternal aunt inquired her and only then did she disclose the occurrence. Thereafter, a complaint was lodged in this regard.
3. The Complaint (Ex.P1)
The conviction for aggravated penetrative sexual assault was upheld due to credible testimony and DNA evidence, emphasizing that delays in reporting such crimes are often immaterial.
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
The court established that the prosecution failed to prove the victim's age as a minor, leading to the appellant's acquittal.
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