GANESAN versus STATE REPRESENTED BY ITS INSPECTOR OF POLICE

GANESAN versus STATE REPRESENTED BY ITS INSPECTOR OF POLICE

The Supreme Court held that the conviction under Section 7 read with Section 8 of the POCSO Act was rightly sustained because the sole testimony of the victim (PW3) was found to be trustworthy, reliable and of 'sterling' quality after thorough cross-examination; the High Court correctly imposed the minimum sentence under Section 8 and appropriately modified the compensation order by directing the State to pay the compensation under Rule 7(2) of the POCSO Rules, 2012 and thereafter recover it from the accused under the Revenue Recovery Act if he has sufficient means; disposal within four days did not vitiate the appeal as there was nothing on record that the Legal Aid Counsel lacked papers...

Parties
Appellant Accused: Ganesan; Respondent State: State represented by its Inspector of Police
Jurisdiction
India
Judgment Date
14 October 2020
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence upheld; compensation order modified
Legal Topics
POCSO Act, Sexual Offences, Sole Testimony of Victim, Compensation Under POCSO Rules, Legal Aid Representation, Sentence
Criminal Law Child Protection Evidence Law POCSO Act Sexual Offences Sole Testimony of Victim Compensation Under POCSO Rules Legal Aid Representation +1 more

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Parties

Ganesan

Appellant Accused

State represented by its Inspector of Police

Respondent State

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction can be sustained on the sole testimony of the victim
  2. 2 Whether the accused was denied meaningful opportunity of representation by Legal Aid Counsel given short time between appointment and hearing
  3. 3 Whether the compensation order under Rule 7(2) of POCSO Rules, 2012 was appropriate and recoverable from the accused

Ratio Decidendi

The Supreme Court held that the conviction under Section 7 read with Section 8 of the POCSO Act was rightly sustained because the sole testimony of the victim (PW3) was found to be trustworthy, reliable and of 'sterling' quality after thorough cross-examination; the High Court correctly imposed the minimum sentence under Section 8 and appropriately modified the compensation order by directing the State to pay the compensation under Rule 7(2) of the POCSO Rules, 2012 and thereafter recover it from the accused under the Revenue Recovery Act if he has sufficient means; disposal within four days did not vitiate the appeal as there was nothing on record that the Legal Aid Counsel lacked papers...

Court Disposition

Appeal dismissed; conviction and sentence upheld; compensation order modified

Orders

  • Appeal dismissed.
  • Conviction under Section 7 of the Protection of Children from Sexual Offences Act, 2012 upheld.