Anushka Sharma –
Published On: October 26, 2021 at 11:30 IST
The Madras High Court has reaffirmed that an Accused can be convicted purely on the basis of the victim child’s testimony under the Protection of Children from Sexual Offenses (POCSO) Act if the evidence is “Cogent, consistent, trustworthy, and inspires the confidence” of the Court.
Justice Velmurugan stated, “In cases of this nature, we cannot expect any eye witness or independent witness. The culprit will take a chance of the loneliness of the child and will commit the offence by trying to exploit the innocence of age of the children.”
While dismissing a Criminal Appeal challenging a man’s conviction under Sections 10 (aggravated sexual assault of a child) and 12 (sexual harassment) of the POCSO Act, the Court made the observation.
The Trial Court in this case awarded Rs 2 lakh in damages for the Sexual Assault of the eleven-year-old victim child.
The Accused, according to the prosecution, was a neighbour who attempted to molest the victim’s child when she was alone at home.
The Perpetrator was also Accused of pulling her hand and showing his private parts to the victim. After the child told her parents about the outbursts, a complaint was filed.
Furthermore, because there was no accusation of penetrative Sexual Assault, the Court noted that medical evidence of any such injury to the child was not required.
As a result, the Court maintained the Trial Court’s conviction Order, stating that the child’s evidence was reliable and consistent.
Also Read: Madras HC: In POCSO Case, Victim Testimony is sufficient for Conviction