Lawstreet Journal

Accused can be convicted on the basis of Sole Testimony Of Victim if it is Reliable and Trustworthy: SC [Read Judgment]

Lawstreet Journal 19 Oct 2020 11:02pm

Image courtesy: Lawstreet Journal Judiciary Accused can be convicted on the basis of Sole Testimony Of Victim if it is Reliable and Trustworthy: SC [Read Judgment]

The bench of Justice Ashok Bhushan, M R Shah, and R Subhash in Supreme Court On October 14, 2020, held that the accused can be convicted based on the sole testimony of the victim if it is reliable and trustworthy.

In the case of Ganesan v. State Represented by its Inspector of Police (Criminal Appeal No. 680 2020), the Supreme Court passed the above judgment.

In this case, the accused Ganesan was tried by the Fast Track Mahila Court of Dharmapuri for the offenses punishable under Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 

The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offenses like sexual abuse, sexual harassment, and pornography.

Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) deals with sexual assault, and Section 8 deals with Punishment for sexual assault.

The Fast Track Mahila Court of Dharmapuri relying upon the statement of the victim who was studying in 5th standard and aged 13 years, convicted the accused under Section 7 and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and sentenced him to undergo three years rigorous imprisonment and compensation of rupees one lakh.

The accused then appealed before the Madras High Court that he is unable to pay the compensation of rupees one lakh to the victim and requested the court to set aside the order of compensation along with the sentence of three years of rigorous imprisonment passed… Continue Reading...


Tagged: Protection of Children from Sexual Offences (POCSO) Act  
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