HC: The victim’s proof more crucial than the medical report in the Pocso cases

Chennai:

Confirming the conviction and sentence of the stepfather by an accelerated Mahila court in Tirupur, Judge P Velmurugan said: his statement registered under Art.164 Cr.PC

“After examining the testimony of the girl victim, this court concludes that the testimony of the girl victim is convincing, coherent, credible and trustworthy and that there is no reason to reject the testimony of the girl victim”, Judge Velmurugan said while holding the man guilty of the alleged offense.

Finding that in cases of this nature where the presence of eyewitnesses or independent witnesses was for the most part unlikely, the court declared: “The perpetrators taking advantage of the loneliness of underage girls commit this type of crime. If the testimony of the only witness is convincing, credible and trustworthy, conviction is authorized. Therefore, in the present case, there is no reason to exclude the testimony of the girl victim. ”

The incident happened when the girl was around 8 years old, a grade 4 student who was staying in a hostel. During the school holidays, the girl came to her house. In May 2017 and May 2018, upon his return home, the convict, his stepfather, committed a sexual assault with aggravated penetration. But medical evidence showed no injuries either in the vaginal area or in any other part of the girl victim, which the man cited in the appeal.


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