Verdict by Madurai Bench
The Madurai Bench of the Madras High Court has modified a life sentence awarded in a POCSO case to 20 years of rigorous imprisonment, citing the overall facts and circumstances of the case.
Case background
Murugan (40), from Theni district, was convicted for sexually assaulting a 13-year-old girl. The Theni Fast Track Mahila Court had earlier sentenced him to life imprisonment, following which he filed an appeal before the High Court.
Arguments in appeal
The appellant’s counsel argued that the victim and her parents did not support the prosecution during trial and that the conviction was based mainly on the DNA report. The defence also questioned whether samples were properly collected and whether procedures were followed, and claimed DNA-related documents surfaced only after the final report and were not furnished to the accused.
Court’s findings
The prosecution maintained that the investigating officer had clearly explained the collection and forwarding of samples, and that the defence did not challenge the DNA report during cross-examination. The Bench, comprising Justices N. Anand Venkatesh and K.K. Ramakrishnan, noted that the victim and her parents had taken a hostile stand and that the victim did not claim her statement was recorded under threat or coercion.
Sentence modified
The court held that the DNA report clearly established that the appellant was the father of the child born to the victim, and that adequate opportunity had been provided to contest the report. Considering that blood samples were collected from the accused, the victim and the child, and taking into account the hostile testimony, the Bench reduced the life sentence to 20 years’ imprisonment.
