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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Thomas Fernando – Appellant
Versus
State of Tamil Nadu – Respondent
JUDGMENT :
R. POORNIMA, J.
1. This Criminal Appeal is preferred against the judgment of conviction and sentence passed by the Sessions Judge, Special Court for POCSO Act cases, Tirunelveli, in Special S.C. No.108 of 2024, dated 09.01.2025 and consequently to acquit the appellant.
2. The case of the prosecution is that both the accused and the victim girl and her family are living in the adjacent houses. On 20.07.2024 at about 11.00a.m., the victim girl after taking her bath changed her dress and at that time, the accused with the intention to commit penetrative sexual assault trespassed illegally into the house of the child, closed her mouth and abducted her to his house, tied her to a pillar and committed penetrative sexual offence. After the offence, he kept her in a Cauldron and also threatened her with dire consequences that if she revealed the same to anybody, he would kill her. Subsequently, two or three times, he abducted the victim girl from her house to his house and committed the penetrative sexual assault. Hence, he was charged for the offence under Sections 87, 332(b), 127(2), 351(2) of BNS and Section 5(l), 5(m) r/w 6 of POCSO Act, 2012.
3. The complaint was lodged by the
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
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