Even though medical evidence failed to support the prosecution’s case, the Madras High Court held that the evidence provided by the victim girl was cogent and credible and thus there was no reason to discard it, and dismissed the appeal moved by her stepfather challenging his conviction under Pocso Act for repeated committing sexual assault when she was 8-years-old.
Madras High Court (File Pic)
Chennai:
Upholding the conviction and sentence of the stepfather by a Fast-Track Mahila Court in Tirupur, Justice P Velmurugan said, “Though the medical evidence has not supported the case of the prosecution, the victim girl has clearly narrated the said incident during the trial and her statement recorded under Section 164 Cr.P.C.
“On a perusal of the evidence of the victim girl, this court finds that the evidence of the victim girl is cogent, consistent, credible and trustworthy and there is no reason to discard the evidence of the victim girl,” Justice Velmurugan held while holding the man guilty of the charged offence.
Observing that in cases of this nature where the presence of eyewitnesses or independent witnesses was mostly improbable, the court said, “The culprits taking advantage of the loneliness of the minor girls commit this type of crimes. If the evidence of sole witness is cogent, credible and trustworthy, conviction is permissible. Therefore, in the present case, there is no reason to discard the evidence of the victim girl.”
The incident happened when the girl was aged about 8 years, a Class 4 student who was staying in a hostel. During the school vacation, the girl used to come to her house. In May 2017 and May 2018, when she came home, the convict, her stepfather, committed aggravated penetrative sexual assault. But the medical evidence did not show any injury either in the vaginal part or any other part of the victim girl, which the man had cited in the appeal.
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