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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
Deva @ Devaraj – Appellant
Versus
State Rep. by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. summary of the facts leading to the conviction. (Para 1 , 2 , 3) |
| 2. arguments detailing inconsistencies in the prosecution's case. (Para 4 , 6 , 9) |
| 3. court's observations on evidence and the determination of reasonable doubt. (Para 5 , 10 , 11) |
| 4. final conclusion on the appeal leading to acquittal. (Para 12) |
JUDGMENT :
N.Sathish Kumar, J.
1. This appeal arises against the judgment of learned Principal Special Judge for POCSO Act Cases, Salem, passed in Old No.Spl.S.C.No.60 of 2017 in New Spl.S.C.No.58 of 2019 dated 30.11.2021.
2.Brief Facts of the Prosecution case are as follows:
2.1. P.W.2 is the victim girl aged about 9 years at the time of occurrence, who is the daughter of P.W.1. The mother (P.W.1) of the victim girl is a divorced woman and had been residing with her 2nd husband P.W.3 (Shankar). The accused is P.W.1's paternal uncle son. On 28.08.2017, the mother of P.W.1 informed over phone that the accused took away P.W.2 and the same has been seen by P.W.5 (Manikandan). Thereafter, villagers and others caught hold of the accused and Police came to the spot. P.W.1 was informed that the accused had committed oral sex with P.W.2. P.W.2 in her statement deposed that
The conviction under the POCSO Act was overturned due to insufficient evidence and procedural flaws in the prosecution's case.
The court established that child witness testimony, if credible and corroborated, can be sufficient for conviction under the POCSO Act.
The central legal point established in the judgment is the careful evaluation of evidence, especially when dealing with the testimony of a young child, and the application of the burden of proof unde....
The court affirmed that once foundational facts of sexual assault are established, the presumption of guilt under the POCSO Act applies, shifting the burden to the accused to prove otherwise.
POCSO presumptions under Sections 29-30 apply once foundational facts proven; prior disputes do not rebut child victim's credible testimony.
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