Allowed¶91

Vijayakumar v. Inspector of Police

Madras HC2 Feb 2026CRL A/384/2023

Case brief

AI extract

What is this about?

Keywords: CRL A No. 384 of 2023; High Court of Judicature at Madras; Justice Sunder Mohan; criminal appeal acquittal; Section 366 IPC; Section 6(1) POCSO Act 2012; proof of age of victim; Ex.P7 Education Certificate; PW8 Headmaster cross-examination; admission register not produced; 10th/12th marksheet withheld; PW11 mother contradictory deposition; delay in lodging FIR; consensual relationship turned sour; promise of marriage; Spl.SC.37/2020 Fast Track Mahila Court Ariyalur; Crime No.16/2020; reserved 29-01-2026; pronounced 02-02-2026; conviction set aside; fine refund; bail bond discharged.

What did the court decide?

Criminal Appeal allowed; conviction and sentence dated 22.02.2023 in Spl.SC.37 of 2020 set aside; appellant acquitted of all charges; fine amount, if any paid, to be refunded; bail bond, if any executed, stands discharged.

Vijayakumar Vs Inspector of Police — Child Sexual Offences (POCSO) | Madras HC (2026)

What the court decided

AI extract

Outcome

¶91

Issue for consideration

Whether the prosecution established the date of birth/minority of the victim (allegedly born 30.06.2002), relying only on the Ex.P7 Education Certificate issued by PW8 (Headmaster) and withholding matriculation/birth/college records. +3 more

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Court's answer

The Ex.P7 'Education Certificate' issued by PW8 showing the victim's date of birth as 30.06.2002 is of no consequence: PW8 admitted in cross-examination that he had not verified the birth certificate before issuing it, the admission register he claims to have verified was not collected, and the matriculation/birth/college records were not produced; therefore the prosecution miserably failed to prove the victim's date of birth as 30.06.2002.

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Ratio / Principle

PW11's (mother's) deposition raises a doubt as to the date of the alleged occurrence; her version contradicts the victim's account (abandonment vs. both returning together), and the reason for the delay in lodging the complaint was not explained; the Court found a reasonable suspicion that both the date of occurrence and the date of birth were falsely stated only to invoke the provisions of the POCSO Act.

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Key takeaways

The relationship between the appellant and the victim was consensual: the victim met the appellant on his request at a remote place outside the house, admitted a love affair of about two years and refusing to accompany her grandmother; her evidence of forcible kidnap was contrary to this version; the case was one of a relationship turned sour since the appellant could not marry the victim.ratio¶85
The prosecution neither established the date of birth of the victim nor the date of occurrence, and consequently did not prove its case beyond reasonable doubt; the Court was therefore inclined to set aside the impugned judgment of conviction and sentence.ratio¶90

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J.) allowed CRL A No. 384 of 2023 and acquitted A1 (Vijayakumar) of the charges under Section 366 IPC and Section 6(1) of the POCSO Act, 2012, setting aside the judgment dated 22.02.2023 of the Sessions Judge, Fast Track Mahila Court, Ariyalur (Spl.SC.37/2020), which had sentenced him to RI ten years plus Rs.10,000/- fine and RI twenty years plus Rs.1,00,000/- fine (concurrent). (i) Proof of age: prosecution relied solely on the Ex.P7 'Education Certificate' issued by PW8 (Headmaster) showing DOB 30.06.2002; in cross-examination PW8 admitted he did not verify the birth certificate, and the admission register was not collected; matriculation, birth and college records (victim was a 2nd-year B.E. student) were withheld; the Court held the prosecution miserably failed to prove the date of birth. (ii) Date of occurrence/delay: PW11 (mother) contradicted PW1 on when she learnt of the occurrence and on abandonment versus both returning together; the delay in lodging the complaint (occurrence allegedly 15.06.2020; complaint 06.08.2020) was unexplained; the Court recorded a reasonable suspicion that the date of occurrence and date of birth were falsely stated only to invoke the POCSO Act. (iii) Consent: the victim admitted a love affair of about two years, accompanied the appellant on his request, and declined to leave with her grandmother; the evidence showed a consensual relationship that turned sour. Appeal allowed; fine, if paid, to be refunded; bail bond discharged.

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CRL A No. 384 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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RESERVED ON : 29-01-2026

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PRONOUNCED ON : 02-02-2026

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CORAM

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THE HON'BLE MR.JUSTICE SUNDER MOHAN

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CRL A No. 384 of 2023

Vijayakumar

..Appellant/A1

The Inspector of Police, AWPS Jayankondam, Ariyalur District. (Crime No.16/2020)

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..Respondent/Complainant

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Prayer: Criminal Appeal filed under Section 374(2) of Code of Criminal Procedure, to set aside the judgment of conviction and sentence imposed upon by the appellant dated 22.02.2023 by the learned Sessions Judge, Fast Track Mahila Court, Ariyalur in Spl.SC.37 of 2020 and allow the appeal.

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For Appellant: Mr.S.Karthikeyan For M/s P.Parthikannan

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For Respondent: Mr.S.Rajakumar Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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Judgment

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This Criminal Appeal has been filed by Accused No.1, challenging

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the judgment dated 22.02.2023 in Spl.SC.No.37 of 2020 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur, by which he was convicted for the offence under Section 366 of the IPC and Section

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6(1) of the POCSO Act, 2012 and sentenced as follows:

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Offence under Section	Sentence imposed
366 IPC	To undergo RI for ten years and to pay a fine of Rs.10,000/- in default to undergo SI for one year.
Section 6 (l) of the POCSO	To undergo RI for twenty years and to pay a fine of
Act, 2012	Rs.1,00,000/- in default to undergo SI for one year.
The sentences were ordered	to run concurrently.

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2.(i) The case of the prosecution is that on 14.06.2020 the

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appellant/A1 on the promise of marriage pursuant to a love affair had kidnapped the victim girl aged 17 years and 10 months at the time of occurrence, along with his friend i.e., A2-Sathish @ Sathishkumar, from the lawful custody of her parents and committed penetrative sexual assault on 15.06.2020 thrice at another friend’s house; that thereafter the appellant/A1 abandoned the victim in his friend’s house and when the victim called him over the phone, the appellant/A1 had asked her to go

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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back to her house as he did not wish to marry her and thus, committed the

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aforesaid offences.

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(ii) On the complaint [Ex.P1] given by the victim [PW1] on 06.08.2020 against the accused an FIR [Ex.P12] in Cr.No.16 of 2020 was registered by PW13, the Sub-Inspector of Police, on the same day at about 6.00 p.m., for the offences under Sections 366(A) and 376(2)(n) of the IPC and Sections 5(l) and 6 of the POCSO Act, 2012.

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(iii) PW14, the Inspector of Police took up the investigation, recorded the statement of the victim and the other witnesses and handed over the investigation to PW15, who thereafter filed the final report against the 1^st accused/appellant herein for the offence under Sections 366(A) and 376(2)(n) of the IPC and Sections 5(l) r/w 6 of the POCSO Act, 2012 and against the co-accused/A2 who was friend of the appellant/A1 under Section 366-A of the IPC before the learned Sessions Judge, Fast Track Mahila Court, Ariyalur.

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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(iv) On the appearance of the accused, the provisions of Section 207 Cr.P.C., were complied with and the case was taken on file as Spl.S.C.No.37 of 2020 by the learned Sessions Judge, Fast Track Mahila Court, Ariyalur. The trial Court framed the charges against A1 for the offences under Section 366 of the IPC and Section 6(1) of the POCSO Act, 2012 and against A2 for the offence under Section 366(A) and Section 6(1) r/w 17 of the POCSO Act. During the trial, when questioned, the accused pleaded 'not guilty'.

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(v) Before the trial Court, the prosecution had examined 15 witnesses as P.W.1 to P.W.15 and marked 14 exhibits as Ex.P1 to Ex.P14, besides one material object i.e., M.O.1 [White-coloured TATA Indica Car bearing Regn.No.TN01 AD 3255]. When the accused were questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against them, they denied the same. The accused neither examined any witness nor marked any document on their side. The Section 164(5) Cr.P.C. statement of the victim was marked as Ex.C1.

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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(vi) On appreciation of oral and documentary evidence, though the trial Court found the 2^nd accused not guilty of the charges levelled against him and acquitted him, held that the charges levelled against the 1^st accused as proved and convicted and sentenced him as stated in paragraph No.1 of this judgment. Aggrieved by the said conviction and sentence, the 1^st accused had preferred the instant appeal.

¶42

Mr.S.Karthikeyan, learned counsel for the appellant/A1 would submit that the trial Court found that the prosecution had not established its case against the 2^nd accused and acquitted him; that the learned Judge who acquitted the 2^nd accused ought to have acquitted the appellant as well; that the complaint was lodged belatedly two months after the alleged occurrence; that it is the case of the prosecution that the victim informed her mother about the occurrence on the very same day, which is contradicted by the victim’s mother, who was examined as PW11; that the prosecution has not established the age of the victim in the manner known to law; that admittedly the victim was studying in a college at the time of occurrence and instead of producing the matriculation certificate or the 12^th standard certificate, the certificate [Ex.P7] issued by the

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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School Headmaster [PW8] showing the date of birth as 30.06.2002 was marked; and that since the prosecution has not established the age of the victim and the evidence suggests that the relationship was consensual, the impugned judgment is liable to be set aside and prayed for acquittal.

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The learned Additional Public Prosecutor per contra submitted that the victim’s evidence is cogent and convincing and merely because the 10^th marksheet has not been produced, the age of the victim cannot be doubted; that the delay in lodging of the complaint has been properly explained by the victim; and that even assuming that there was consent, since the victim was a minor, the consent is immaterial and prayed for dismissal of the appeal.

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(i) As stated earlier, the prosecution examined 15 witnesses. PW1 is the victim. PW2 is related to the victim. He would depose that the victim is like a daughter to him and he speaks about the fact that the victim went missing on the date of occurrence i.e., 15.06.2020 and thereafter, she was brought by the appellant on the next day. PW3, who is known to both the appellant and the victim deposed that he saw them

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CRL A No. 384 of 2023

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both in the bus stand together on 16.06.2020. PW4, mother of appellant’s friend, would state that the appellant along with his friend and another girl came to her house and sought her house on rent about eight months prior to her examination on 17.03.2021. PW5 has signed in the observation mahazar [Ex.P2]. PW6 had signed in the observation mahazar [Ex.P3]. PW7 is the Doctor who had examined the appellant and issued the Outpatient Slip [Ex.P4], Semen Test Report [Ex.P5] and Potency certificate[Ex.P6].

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(ii) PW8 is the Headmaster of the school, in which the victim studied and had issued a certificate [Ex.P7] wherein the victim’s date of birth is shown as 30.06.2002. PW9 is the Doctor working in the Government Hospital, Jayakondam, who examined the victim and had issued Ex.P8-Report and the opinion-Ex.P9. PW10 is the witness who is said to have witnessed the confession of the accused and he turned hostile. PW11 is the mother of the victim who would state that the victim was staying in her mother’s house for the purpose of studies and that she came to know of the occurrence from her daughter. PW12 is said to have witnessed the confession. He also turned hostile. PW13 is the Sub-

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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Inspector of Police, who registered the FIR; PW14 and PW15 are the investigation officers, as stated above.

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The version of the victim is that she was born on 30.06.2002; that on 14.06.2020 at about 10.00pm in the night the appellant called her over phone and asked her to meet him near a stream; that when she went there, the appellant accompanied by his friend the 2^nd accused, was waiting in the car; that thereafter they kidnapped her; that the victim had objected to the same; that the appellant’s parents also had called the appellant and asked the appellant to drop the victim at her house; that the appellant refused to do so; that the appellant thereafter took the victim to his friend’s house at a village called Pattinangkurichi and had committed penetrative sexual assault on 15.06.2020 thrice; and that thereafter the appellant left the house and when the victim contacted the appellant over phone, he had asked the victim to go to her house and that he was not interested in marrying her. She would further state that she had made a similar statement before the learned Magistrate.

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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In the cross-examination, the victim had stated that she had a love affair with the appellant for about two years prior to the occurrence. She would also admit in the cross-examination that they went together to Virudhachalam on the date of occurrence and thereafter they went to the house of the appellant; that when her grandmother visited the house she refused to go with her grandmother. Her evidence would suggest that the victim and the appellant had a consensual relationship. That apart this version of hers that after they stayed elsewhere they came to the house of the appellant, is contrary to her version that the appellant had abandoned her in his friend’s house.

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It is the case of the prosecution that the victim was born on 30.06.2002. PW1 would admit that she was studying in a college at the relevant point of time. PW2 had deposed that the victim was pursuing B.E. Degree and was in the 2^nd year at the time of occurrence. Strangely, the prosecution had not chosen to mark the matriculation certificate, birth certificate or any other record, which would prove the date of birth of the victim. On the other hand, they chose to examine the Headmaster of the school where the victim once studied. The Headmaster [PW8] had issued

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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the certificate [Ex.P7] called the ‘Education Certificate’ and the date of birth of the victim is shown as 30.06.2002. The cross examination of the

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Headmaster is extracted herein for better appreciation of his evidence.

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“ehd; gs;spr; rhd;W tH';fpa njjpapy; me;j khztp v';fs;

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gs;spapy; gof;ftpy;iy/ gpwg;g[ rhd;wpjHpid ghprPypj;J gs;spr; rhd;W tH';ftpy;iy/ me;j khztpia gs;spapy; nru;f;Fk; nghJ gpwg;g[ rhd;wpjiH ghprPypj;jhu;fsh vd;w tpguk; vdf;F bjhpahJ/ khztpapd; gpwe;j njjp Kd;Df;F gpd; Kuzhf ghprPypf;ftpy;iy vd;W brhd;dhy; rhpay;y/”

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Thus, the above evidence would show that the certificate issued by PW8 is of no consequence as PW8 has admitted that he had not verified the birth certificate before issuing the said certificate. The prosecution has also not collected the admission register, which PW8 claims to have verified before issuing the said certificate. Therefore, this Court is of the view that the prosecution has miserably failed to prove the date of birth of the victim as 30.06.2002.

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That apart, the alleged occurrences is said to have taken place

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on 15.06.2020. It is the case of PW1 that she had informed her mother about the occurrence on the very same day of the occurrence. However,

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Page10 of 14

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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PW11 the mother’s version is contrary to the said version. PW11 would state in her deposition that she had lodged the complaint immediately. The relevant portion of PW11’s evidence reads as follows:

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“fhty; epiyaj;jpy; g[fhu; bfhLj;j md;Wjhd; vdJ kfs; ele;j tpguj;ij brhd;dhu;/ mjd;gpwF fhty; epiyaj;jpy; g[fhu; bfhLj;njd; vd;W brhd;dhy; rhpjhd;/ g[fhu; bfhLg;gjw;F Kd;g[k; vdJ kfs; vdJ mk;kh tPl;oy;jhd; ,Ue;jJ/ vdJ kfis vdJ mk;khjhd; Muk;gj;jpypUe;nj gs;spapy; nru;j;J gof;f itj;jhu; vd;why; rhpjhd;/ g[fhu; bfhLg;gjw;F Kjy; ehs; vdJ kfis (m/rh/1) vjphp miHj;Jr; brd;W kWehs; bfhz;Lte;J tpl;lhu; mjd;nghpy;jhd; g[fhu; bfhLj;njhk; vd;W brhd;dhy; rhpjhd;/”

¶79

The above portion of PW11’s evidence therefore raises a doubt as to the date of the alleged occurrence. PW11’s version is also contrary to the victim’s version that she was abandoned by the appellant. PW1 had stated that both of them returned together. Thus it is seen that there is a doubt with regard to the manner in which the alleged occurrence took place and that in any case, the prosecution has not explained the reason for delay in lodging the complaint. PW1 had stated that her date of birth is 30.06.2002 and the alleged occurrence took place on 15.06.2020. The above facts raises a reasonable suspicion that both the date of occurrence

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CRL A No. 384 of 2023

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and date of birth has been falsely stated only to invoke the provisions of

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the POCSO Act.

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From the above discussion, it would be very clear that the relationship between the appellant and the victim was consensual. The conduct of the victim in meeting the appellant on his request in a remote place outside the house and her subsequent conduct confirms the said fact. The victim’s evidence that she was forcibly kidnapped and subjected to sexual intercourse is contrary to her earlier version that she had a love affair with the appellant for about two years. The evidence therefore suggests that it is a case of relationship that turned sour, since the appellant could not get married to the victim.

¶86

As stated earlier, the prosecution has not established the age of the victim and since the victim was studying in a college in the 2^nd year, the prosecution could have produced any authentic document such as 10^th or 12 marksheet which they failed to do so. PW8’s evidence and the certificate [Ex.P7] would not be of any avail to the prosecution as it is not based on any relevant document. Further, there is no necessity for the

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CRL A No. 384 of 2023

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prosecution to obtain a certificate from the school where the victim studied when they could have obtained a certificate from the college where she was studying. From the above discussion, it can be seen that the prosecution has neither established the date of birth of the victim nor the date of occurrence and consequently its case beyond reasonable doubt and hence, this Court is inclined to set aside the impugned judgment of conviction and sentence.

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Accordingly, the Criminal Appeal stands allowed. The conviction and sentence imposed upon the appellant/A1 vide judgment dated 22.02.2023 by the learned Sessions Judge, Fast Track Mahila Court, Ariyalur in Spl.SC.37 of 2020, are set aside. The appellant is acquitted of all the charges. The fine amount, if any, paid by the appellant shall be refunded. The bail bond, if any, executed shall stand discharged.

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02-02-2026

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Speaking/Non-speaking order Neutral Citation: Yes/No ars

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SUNDER MOHAN J.

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https://www.mhc.tn.gov.in/judis

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CRL A No. 384 of 2023

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ars

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The Sessions Judge, Fast Track Mahila Court, Ariyalur.

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The Inspector of Police, AWPS Jayankondam, Ariyalur District.

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The Public Prosecutor, High Court, Madras.

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Pre-delivery Judgment in CRL A No. 384 of 2023

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02-02-2026

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https://www.mhc.tn.gov.in/judis

Issues for consideration

4 issues framed by the court

AI extract

1.
Whether the prosecution established the date of birth/minority of the victim (allegedly born 30.06.2002), relying only on the Ex.P7 Education Certificate issued by PW8 (Headmaster) and withholding matriculation/birth/college records.¶63
The court held
The Ex.P7 'Education Certificate' issued by PW8 showing the victim's date of birth as 30.06.2002 is of no consequence: PW8 admitted in cross-examination that he had not verified the birth certificate before issuing it, the admission register he claims to have verified was not collected, and the matriculation/birth/college records were not produced; therefore the prosecution miserably failed to prove the victim's date of birth as 30.06.2002.ratio¶71
2.
Whether the appellant kidnapped the victim and committed penetrative sexual assault, or whether the relationship between the appellant and the victim was consensual and turned sour.¶62
The court held
The relationship between the appellant and the victim was consensual: the victim met the appellant on his request at a remote place outside the house, admitted a love affair of about two years and refusing to accompany her grandmother; her evidence of forcible kidnap was contrary to this version; the case was one of a relationship turned sour since the appellant could not marry the victim.ratio¶85
3.
Whether the date of the alleged occurrence was reliably established and whether the delay in lodging the complaint (occurrence allegedly 15.06.2020; complaint 06.08.2020) was explained.¶79
The court held
PW11's (mother's) deposition raises a doubt as to the date of the alleged occurrence; her version contradicts the victim's account (abandonment vs. both returning together), and the reason for the delay in lodging the complaint was not explained; the Court found a reasonable suspicion that both the date of occurrence and the date of birth were falsely stated only to invoke the provisions of the POCSO Act.ratio¶79
4.
Whether the judgment of conviction and sentence dated 22.02.2023 in Spl.SC.No.37 of 2020 passed against the appellant/A1 ought to be set aside.¶90
The court held
The prosecution neither established the date of birth of the victim nor the date of occurrence, and consequently did not prove its case beyond reasonable doubt; the Court was therefore inclined to set aside the impugned judgment of conviction and sentence.ratio¶90

Vijayakumar v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Vijayakumar v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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