IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
Saravanakumar – Appellant
Versus
Inspector of Police All Women Police Station, Erode – Respondent
| Table of Content |
|---|
| 1. foundation of prosecution's case (Para 2 , 3 , 4) |
| 2. arguments concerning evidence and credibility (Para 5 , 6) |
| 3. analysis of witness statements and evidentiary issues (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's decision to overturn conviction (Para 13) |
JUDGMENT
The Criminal Appeal challenges the judgement dated 15.10.2022 passed in Spl.S.C.No.9 of 2022 by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode, convicting and sentencing the appellant/accused as follows:
2. The case of the prosecution is that the appellant is the father of the victim child, who was aged about 16 years at the time of the occurrence; that after the victim attained puberty in the year 2017, the appellant had inappropriately touched her and committed penetrative sexual assault on several occasions on various dates; that he was also in the habit of hugging her, kissing her and inappropriately touching her private parts; and that the victim girl, unable to bear the sexual assaults, lodged a complaint on 24.09.2021, based on which PW10, the Sub-Inspector of Police, registered an FIR (Ex.P13) in Crime No.27 of 2021 for the offences under Sections 5(m), 5(n), 5(l) r/w 6
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