Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. N.MALA, J
Mahendran @ Mahesh – Appellant
Versus
State through The Inspector of Police Kadambur Police Station Thoothukudi District. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. doubt on victim's age as a foundational fact (Para 6 , 11 , 12 , 15) |
| 3. unreliability of victim's testimony (Para 7 , 10 , 14 , 16) |
| 4. judgment set aside based on evidence evaluation (Para 17) |
| 5. appeal allowed, and appellant acquitted (Para 18 , 19) |
JUDGMENT
(1)The above Criminal Appeal is preferred by the appellant/sole accused against the judgment of conviction and sentence dated 20.10.2015, made in Spl.SC.No.33/2014, by the learned Sessions Judge, Fast Track Mahila Court, Thoothukudi, convicting and sentencing the appellant/accused for the offences under Section 366 of IPC and under Section 4 of POCSO Act .
(2)The factual scenario as unfolded during the course of trial is as follows:-
(a)The case of the prosecution in a nutshell:
The victim girl was 14 years old at the time of occurrence as per her recorded date of birth, 30.12.1999. The victim was residing in her aunt Murugeswari's house in Rajapalayam and was pursuing her studies there. During summer vacation / holidays, the victim used to visit her parents and assist her father [PW1] in vegetable business. While so, she developed acquaintance with the appell
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
