Life Sentence Affirmed for Accused in Sexual Assault and Kidnapping of Minor
In a significant judgment, the Madras High Court has upheld the conviction and sentencing of Murugesan @ Murugesh, confirming his life imprisonment for the abduction and sexual assault of a minor girl belonging to the Scheduled Caste community. The Division Bench, comprising Justices M.S. Ramesh and V. Lakshminarayanan, dismissed the appeal filed by the accused against the ruling of the Sessions Judge, Fastrack Mahila Court, Krishnagiri, delivered in 2018.
The court reaffirmed the sentences handed down under various sections, including Section 366 of the Indian Penal Code for kidnapping, Sections 5(l) and 6 of the Protection of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault, and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for offenses against a member of the SC community. The bench noted the compelling evidence presented by the prosecution, which established the victim's minority, the accused's knowledge of her caste, and the resultant birth of a child from the assault.
The case dates back to October 2015, when the victim, a classmate of the accused's daughter, was repeatedly assaulted during visits to the accused's home. Despite claims by the defense regarding the victim's age and consent, the court emphasized that consent is irrelevant under the POCSO Act for minors. The judgment was further strengthened by the victim's testimony and corroborating evidence from the accused's daughter, alongside the presumption of guilt under Section 29 of the POCSO Act, placing the onus on the accused to disprove the charges.
This ruling underscores the judiciary's commitment to protecting vulnerable sections of society, particularly minors from marginalized communities, and ensuring that perpetrators of such heinous crimes are brought to justice.
Bottom Line:
Conviction under Section 366 IPC, Sections 5(l) and 6 of POCSO Act, and Section 3(2)(v) of SC/ST Act upheld based on evidence proving sexual assault, victim's minority, and the accused's awareness of the victim's Scheduled Caste status.
Statutory provision(s):
- - Indian Penal Code, 1860, Section 366
- - Protection of Children from Sexual Offences Act, 2012, Sections 5(l) and 6
- - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)
- - Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94
- - Evidence Act, 1872
Murugesan @ Murugesh v. State, (Madras)(DB) : Law Finder Doc Id # 2794645
