• POCSO ACT Section 6 read with Section 5(i), (m) and (r) Tamil Nadu Prohibition of Harassment of Woman Act, Section 4 Appeal against acquittal Sexual assault upon minor Prosecution proved beyond any doubt that on date and time of incident, victim child was subjected to grave and heinous sexual assault and she was smothered in course of same and suffered injuries Sexual assault was violent and barbaric leaving the tender child with serious physical lacerated wounds, bruises, contusions and a tear injury in her private part Evidence of P.W.2, the victim child and the version of the other prosecution witnesses has been consistent Accused trespassed into house of victim child with intention of committing offences 1st accused liable to be punished under Section 450 of Code Trial Court acquitted 1st accused on basis of considerations and materials which were not relevant while absolutely discarding deposition of PW.2 and corroborative evidence Suffering and trauma of victim was maximum and therefore, she would be entitled for maximum compensation Appeal partly allowed. [Paras 7, 7.3, 8.1, 8.3 and 19]
State vs Dandayutham CRLA 482/16 28/02/23 [ BHARATHA JJ ]
[ MADRAS HIGH COURT ]