CHENNAI: Citing ‘mechanical conviction’ by trial court, the Madras high court has set aside the conviction of two persons who were sentenced to 10 years and 5 years respectively under the Pocso Act.
In the first case, the accused, an army jawan, was convicted for penetrative sexual assault of a minor girl without even a single medical evidence to prove the offence.
In the second case, the accused was mechanically convicted by the special court without proper consideration of the evidence and unstable statements of the victim and her mother.
Allowing the appeal moved by the jawan, Justice Sathi Kumar Sukumara Kurup pointed out that the doctor who examined the victim has clearly stated in her evidence that no injuries were found on the body of the victim which dismisses the allegation of penetrative sexual assault.
“Therefore, it is a clear case that the prosecution had not proved the charges through medical evidence. Therefore, the presumption under Section 29 of the Pocso Act, if mechanically applied in these cir cumstances, will result in miscarriage of justice,” the court said.
The accused is an army jawan. Due to this conviction, he was sentenced to 10 years of simple imprisonment. He is also likely to lose his job, the court added.
Similarly, in the second case, according to the complainant, the mother of the victim, she married the accused after separating from her first husband.
While she stayed with the accused along with her minor daughter, she came to know that her daughter was sexually assaulted by the accused while she was away from home.
However, during the probe it came to light that the temple she alleged to have married the accused never conducts Hindu marriages. This apart, the statements made by the victim and her mother through various stages of the trial were inconsistent and contrary to their earlier statements.
“The trial judge had miserably failed to appreciate the evidence available before her… and had mechanically convicted the accused. The same is to be set aside as perverse,” the judge said.
Stay updated with the latest news on Times of India. Don't miss daily games like Crossword, Sudoku, and Mini Crossword.