India News | HC Confirms Trial Court Order Convicting Youth Under POCSO Act
Get latest articles and stories on India at LatestLY. In the absence of eye witnesses, the cogent deposition of a 11-year-old sexual assault victim can be trusted, the Madras High Court has held.
Chennai, Oct 26 (PTI) In the absence of eye witnesses, the cogent deposition of a 11-year-old sexual assault victim can be trusted, the Madras High Court has held.
Justice P Velmurugan gave the ruling last week, while confirming the order dated April 23 this year of a trial court in Coimbatore awarding five years rigorous imprisonment (RI) to a youth.
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There was no eye witness except the victim child, who was 11 years at the time of occurrence and she had clearly spoken about the incident and the manner in which the offence was committed by the appellant. It was cogent, consistent and trustworthy and there was no reason to disbelieve the evidence of the victim child, the judge said.
"In the absence of any compelled circumstances to disbelieve the evidence of the victim, this court finds that the evidence of the victim child inspires the confidence of the court. On a careful reading of the evidence of the victim child, this Court finds no reason to disbelieve the same."
"On reading of the entire materials, this Court is of the view that the prosecution has proved its case beyond all reasonable doubt. Further there is no injury on the body of the victim child and no penetrative sexual assault and therefore the contention that the medical evidence does not support the case of the prosecution is not acceptable," the court said.
It confirmed the order of the Sessions Judge, Special Court for Exclusive trial of Cases under the POCSO Act in Coimbatore awarding rigorous imprisonment for seven years to K Ruban, with a fine of Rs.5,000.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)