Madras HC confirms trial court order convicting youth under POCSO Act

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.

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