Chennai: An independent witness is not mandatory to prove a violation of a child under the Pocso law, said Madras High Court, adding that in all such cases, the cause of the loneliness of the child and innocence of age.
“When Prosecutrix evidence is cogent, consistent and trustworthy and inspires court trust, confidence can be recorded solely based on evidence of the victim, unless there is a reason to do a dispute or not believe the evidence witness a single,” justice said V Velmurugan.
The court made observations while confirming the order of trial trial dated April 23, K Ruban for seven years of hard prison to abuse a 11-year-old girl.
According to prosecution, Ruban is a neighbor of the child’s family.
On May 25, 2019 the child’s father filed a complaint against Ruban accused him of appearing naked in front of his daughter twice when he was at home alone and escaped after he raised an alarm.
The police registered fir against Ruban below 10 and 12 of the Pocso Law.
After the settlement of the trial, the court session found Ruban guilty of charges and sentenced him to 7 years in prison.
Challenging confidence, Ruban has transferred the current appeal at the High Court.
He argued that prosecution had failed to produce independent witnesses in this case to prove the case without doubt.
Confidence was ordered solely based on the statement of the victim’s girl, he said.
Refused to agree, Judge Velmurugan said, “In this case in hand, there were no eyewitnesses except the victim’s child, who was 11 years old at the time of occurrence and he had clearly talked about the incident and the way in which the violation was carried out by the applicant, who was Cogent, consistent and trustworthy.
“Therefore, this court found no reason not to believe or approve evidence of the victim’s child, the judge said.
Mandiri witnesses do not have to prove violations of children: Courts
