GLIMPSE OF A LATEST VERDICT* *Crl.A. 113/2021* Venkatachalam Vs. The Inspector of Police Dated: 07.07.2021 *Hon’ble Justice P. Velmurugan* dismissed the Criminal Appeal after making certain modifications in the order of the Trial Court in the matter relating to *“POCSO – Corroborative

*GLIMPSE OF A LATEST VERDICT*

*Crl.A. 113/2021*
Venkatachalam Vs. The Inspector of Police
Dated: 07.07.2021

*Hon’ble Justice P. Velmurugan* dismissed the Criminal Appeal after making certain modifications in the order of the Trial Court in the matter relating to *“POCSO – Corroborative Evidence unnecessary if Victim is trustworthy”* and further observed and held the following:

i) Non-production of the victim girl either before the Doctor for medical examination or before Judicial Magistrate for recording her statement under Section 164 Cr.P.C will not be fatal to the case of the prosecution.

ii) In POCSO cases, no corroboration is necessary because a prudent man would not commit this type of offence in the presence of adult members and the presence of independent eye witnesses are mostly improbable. Further, no corroborative evidence is necessary, if the evidence of the victim girl is trustworthy.

iii) If the age of the victim girl is above 12 years, the commission of sexual assault falls only under Section 7 (R/w Sec. 8) POCSO Act and if the age of the victim girl is below 12 years, it is termed as an ‘Aggravated sexual assault’, which falls under Section 9 (R/w Sec. 10) of POCSO Act. In the instant case, the Trial Court failed to look into the age of the victim at the time of commission of the offence, i.e. 8 years, but convicted the Appellant/Accused under Section 8 of POCSO Act.

iv) The Hon’ble Court concluded the Judgement with the observation that when posting any Sessions Judge to the Special Court which deals with the cases under POCSO Act they have to necessarily sensitise and impart training to them through Tamil Nadu State Judicial Academy.

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