Case Note & Summary
The appellant, P. Yuvaprakash, was convicted by the trial court and the Madras High Court for offenses under Section 366A IPC and Section 6 of the POCSO Act, 2012. The prosecution alleged that on 13.01.2015, the appellant along with others kidnapped a 17-year-old girl (the victim) and later married her at a temple, after which he had repeated sexual intercourse with her. The victim's father lodged a complaint under Section 366A IPC. The appellant was acquitted under Section 366A IPC but convicted under Section 6 POCSO Act. The Supreme Court examined the evidence and found that the victim's testimony was inconsistent with the medical evidence, which showed no signs of recent sexual activity. Additionally, the other prosecution witnesses did not corroborate the victim's version. The Court held that the prosecution failed to prove the case beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. The appeal was allowed, and the conviction and sentence were set aside.
Headnote
A) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Section 6 of Protection of Children from Sexual Offences Act, 2012 - Conviction set aside due to inconsistent evidence and lack of corroboration - The prosecution's case relied on the victim's testimony which was inconsistent with medical evidence and other witnesses - Held that the benefit of doubt must be given to the appellant (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 6 of the POCSO Act, 2012 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence under Section 6 POCSO Act set aside. Appellant acquitted.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Lack of corroboration
- Age of victim
- Consent in POCSO



