Conviction for Threat Charges under IPC Set Aside Due to Hostile Witnesses
In a significant judgment, the Madras High Court has modified the life sentence of Murugan, convicted for penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, to 20 years of rigorous imprisonment. The Division Bench, comprising Justices N. Anand Venkatesh and K.K. Ramakrishnan, found that the evidence did not support a repeated assault charge under Section 5(l) of the POCSO Act, leading to the alteration of the conviction to Section 5(j)(ii) of the Act, which addresses penetrative sexual assault resulting in pregnancy.
The appellant, Murugan, was initially sentenced to life imprisonment by the Fast Track Mahila Court, Theni, for offences under Section 5(l) read with Section 6 of the POCSO Act and Section 506 of the Indian Penal Code (IPC). However, during the appeal, the High Court noted that the victim and her parents had turned hostile, not supporting the prosecution's case. Consequently, the High Court set aside the conviction under Section 506 of IPC due to lack of evidence from the hostile witnesses.
Central to the prosecution's case was the DNA evidence, which was upheld by the High Court as reliable and conclusive in establishing the paternity of the child born to the victim. The court found no procedural lapses in the collection or analysis of the DNA samples, dismissing the appellant's contentions regarding the chain of custody and the marking of documents.
The judgment emphasizes the importance of reliable forensic evidence in sexual assault cases, particularly when key witnesses turn hostile. The court's decision reflects a nuanced approach in balancing evidentiary challenges with the rights of the accused and victims' protection under the POCSO Act.
The High Court's ruling modifies the appellant's sentence from life imprisonment to rigorous imprisonment for 20 years, acknowledging the hostile stance of the victim and her family while ensuring accountability for the grievous offence committed.
Bottom line:-
Conviction for penetrative sexual assault under Section 5(l) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012, modified to Section 5(j)(ii) of the Act; sentence reduced to rigorous imprisonment for 20 years. Conviction under Section 506 of IPC set aside due to hostile witnesses.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5(l), 5(j)(ii), and 6; Indian Penal Code, 1860, Section 506
Murugan v. State, (Madras)(DB)(Madurai Bench) : Law Finder Doc id # 2916122
