Murugan v. The Inspector of Police
Case brief
What is this about?
POCSO aggravated penetrative sexual assault on minor; conviction on sole testimony of victim without corroboration; minor inconsistencies ignored; false implication/money-dispute plea rejected; delay in FIR explained by threat; State of H.P. v. Manga Singh; Ganesan v. State; Phool Singh v. State of M.P.; Sham Singh v. State of Haryana; child witness cross-examination admonition; appeal dismissed; conviction and sentence confirmed.
What did the court decide?
Mere assault on the accused is not sufficient to infer that it was due to a dispute relating to money transactions; the witnesses denied knowledge of any money transaction, the burden lay heavily on the accused to prove it, and in the absence of any defence evidence of false implication on account of the money dispute, the prosecution case cannot be thrown out. ¶80