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The Legal Affair

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Telangana High Court Upholds POCSO Conviction: Clarity in Victim’s Basic Version Prevails

Telangana High Court Upholds POCSO Conviction: Clarity in Victim’s Basic Version Prevails

Introduction:

In a significant case before the Telangana High Court, a criminal appeal, CrlA 01 of 2022 , challenged the conviction under the Protection of Children from Sexual Offences (POCSO) Act. Justice K. Surender presided over the matter, highlighting the pivotal aspect of the victim’s consistent narration amidst minor contradictions and the crucial role played by the basic version of events in determining the case’s outcome.

Parties & Arguments:  

The appeal was filed by the accused challenging the lower court’s conviction. The defense, represented by Counsel Kathyaeni Ramshetty, emphasized inconsistencies, improvements, and discrepancies in the victim’s account. They contested the lack of clear establishment of the crime scene, absence of medical examination, and ongoing disputes between the victim’s father and the accused.

Court’s Judgment:  

Justice K. Surender upheld the conviction, underscoring the victim’s unwavering basic version despite minor contradictions. The court emphasized that a child’s clarity and resilience during cross-examination strongly indicate the veracity of the incident. Highlighting the immediacy of the complaint and the implausibility of a false accusation by the victim’s parents, the court concluded that the conviction was justified under the POCSO Act.