Madras High CourtCriminal LawCriminal Procedure and Evidence

Madras HC Upholds 5-Year POCSO Sentence For Pressing 10-Year-Old Girl’s Breast, Citing Eyewitness Corroboration

A.Muthupandiv.The State of Tamil Nadu

Madras HC Upholds 5-Year POCSO Sentence For Pressing 10-Year-Old Girl’s Breast, Citing Eyewitness Corroboration. A.Muthupandi vs The State of Tamil Nadu. Madras High Court. LawLens
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In brief

The question

1. Whether the conviction and sentence imposed on the appellant were sustainable

The court held

The High Court held that the prosecution proved the appellant’s guilt beyond reasonable doubt and upheld his conviction under Section 10 of the POCSO Act

It also directed

It declined to interfere with the five-year minimum sentence and dismissed the appeal, affirming the conviction and sentence

01Facts

The appellant was convicted under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), for sexually assaulting a ten-year-old child on 26 October 2023, and sentenced to five years’ rigorous imprisonment and a fine of ₹10,000

¶ 2–3 · pp. 2–3

On appeal, he alleged that the complaint was motivated by enmity and alternatively contended that he had only pushed the child

¶ 6 · p. 4

The prosecution relied principally on the child’s testimony and that of an eyewitness

¶ 7 · p. 4

02Issues

i.1. Whether the conviction and sentence imposed on the appellant were sustainable

¶ 5 · p. 3

ii.2. Whether the evidence established that the appellant committed sexual assault on the child, rather than merely pushing her

¶ 6, 18 · p. 4, 9

03Law Applied

Section 2(1)(d) of the POCSO Act defines a child as a person below eighteen years of age; Section 9(m), read with Section 10, addresses aggravated sexual assault and its punishment

¶ 2, 9 · p. 2, 5

The Court applied the principle that a sexual-assault conviction may rest on the survivor’s sole testimony where it is credible and inspires confidence, relying on Ganesan v. State, (2020) 10 SCC 573

¶ 16 · p. 8

It also treated an immediate complaint of the assault as relevant under Section 8, Illustration (j), of the Indian Evidence Act, 1872

¶ 14 · p. 7

The Court stated that it could not reduce the five-year minimum sentence prescribed by the Act

¶ 19 · p. 10

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415

Protection of Children from Sexual Offences Act, 2012 Section 8Section 9Section 10Section 2

Code of Criminal Procedure, 1973 Section 164

04Reasoning

The school admission-register extract established that the child was ten years old on the date of the incident

¶ 9 · p. 5

The Court found the approximately 24-hour interval before the FIR adequately explained: the child had contacted the helpline on the night of the incident, and her father was away working in Madurai

¶ 10, 15 · p. 5, 8

The child identified the appellant and testified that he grabbed her hand and breast; an eyewitness independently corroborated that account, and the child’s immediate disclosure to other witnesses further supported it

¶ 11–14 · pp. 6–7

The Court found that the material testimony withstood cross-examination and was not displaced by the defence evidence, which came from relatives of the appellant who had not witnessed the incident

¶ 17–18 · pp. 8–9

It therefore rejected the claim that the appellant had merely pushed the child and concluded that the proved conduct constituted sexual assault

¶ 18 · p. 9

05Holding

The High Court held that the prosecution proved the appellant’s guilt beyond reasonable doubt and upheld his conviction under Section 10 of the POCSO Act

¶ 17–19 · pp. 8–10

It declined to interfere with the five-year minimum sentence and dismissed the appeal, affirming the conviction and sentence

¶ 19–20 · p. 10
Madras High Court

Original Court PDF

A.MuthupandivsThe State of Tamil Nadu

Madras High Court · November 12, 2026

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