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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Joseph Raja – Appellant
Versus
Inspector of Police, All Women Police Station – Respondent
| Table of Content |
|---|
| 1. facts surrounding the alleged aggravated sexual assault. (Para 2 , 3 , 4 , 5) |
| 2. arguments from defense challenging prosecution's evidence reliability. (Para 7 , 8) |
| 3. court's analysis of evidence and victim testimony. (Para 9 , 12 , 24) |
| 4. assessment of minor discrepancies in witness testimonies. (Para 30 , 31) |
| 5. concluding findings uphold the conviction based on evidence. (Para 35 , 36 , 37) |
JUDGMENT :
This appeal is filed challenging the order of the Special Court for Exclusive Trial of case under POCSO Act, Virudhunagar at Srivilliputhur, in S.C.No.84 of 2022 dated 20.04.2023, thereby convicting the appellant/accused for the offence punishable under Section 6 of the Protection of Children from Sexual offences Act, 2012 (herein after referred to as “the POCSO Act”).
2.The case of the prosecution is that, on 03.05.2022 at around 09:00 p.m., the victim girl and her mother had gone to the Church that they usually go to. The appellant is a pastor and he runs the Church. The victim’s mother left her at the church under the appellant’s care and had gone out to meet someone. When she returned, the appellant had panicked and ran away after seeing her and the victim was foun
The conviction for aggravated sexual assault was upheld based on corroborative witness testimony and prosecution evidence, despite minor discrepancies and delay in complaint lodging deemed immaterial....
A conviction under the POCSO Act requires credible evidence, and the absence of medical corroboration can undermine the prosecution's case.
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
The main legal point established in the judgment is the determination of the nature of the sexual assault, modifying the conviction from penetrative sexual assault to aggravated sexual assault under ....
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