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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Sowndarapandi – Appellant
Versus
State of Tamil Nadu, rep., by the Assistant Commissioner of Police – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Seeking quashment of the final report laid in Spl.S.C.No.21 of 2023 on the file of the learned Special Court for Exclusive Trial of Cases under POCSP Act, Madurai, this criminal original petition is filed.
2.The learned counsel for the petitioner submitted that the petitioner herein is the second accused in the pending Spl.S.C.No.21 of 2023 before the learned trial Court. The third respondent is the victim/ defacto complainant, on whose complaint, a First Information Report in Crime No.32 of 2021 was registered for the offences under Sections 366A and 312 of IPC, 1860 Section 5(1), 5(J)(ii) and 6 of the Protection of Child From Sexual Offences Act, 2012 and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, against the petitioner and three others. On completion of the investigation, a final report was filed in Spl.S.C.No.21 of 2023 and the petitioner hearin, who is the second accused, is charged with offences under Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act and Sections 16 and 17 of POCSO Act.
3.The learned counsel categorically contended that a complete reading of the charg
Insufficient evidence to establish abetment or conspiracy in sexual assault cases; only charge under Section 21 of POCSO Act sustained.
Under the PoCSO Act, the court can presume the accused's guilt for abetment of sexual offences against minors, even if the specific offence was not alleged in the final report.
The judgment establishes that intentional aiding in the commission of sexual offences against a minor, as per the provisions of the PoCSO Act, constitutes abetment, and the legal fiction of presumpti....
The court affirmed the conviction of two accused under POCSO Act while modifying the sentence to ten years imprisonment based on the victim's reliable testimony and evidence.
The acquittal and conviction under POCSO Act depend on the credibility of the victim's testimony, corroborated by medical evidence, reinforcing the presumption of guilt against the accused.
A conviction for penetrative sexual assault requires clear and corroborative evidence of penetration, which was not established in this case; however, the appellant was guilty of sexual harassment un....
The judgment established the distinction between rape and sexual assault, emphasizing the requirement of penetration for the former, and the physical contact without penetration for the latter under ....
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