Latest JudgementIndian Penal Code, 1860Protection of Children From Sexual Offence Act, 2012

V v. The State of Tamil Nadu, 2026

The case highlights the importance of independent corroboration in child sexual abuse cases.

Madras High Court·29 January 2026

Court

Madras High Court

Date of Decision

29 January 2026

Judges

Justice Sunder Mohan

Citation

Acts / Provisions

Section 10, POCSO Act Section 12, POCSO Act Section 323, Indian Penal Code (IPC)

Facts of the Case

The petitioner, a father, was convicted by the POCSO Court, Puducherry for allegedly sexually assaulting his minor daughter.
Allegations included:
- Inappropriate touching of the victim’s private parts.
- Making the victim touch his private parts.
- Exposing the victim to pornographic material.
- Peeping into the victim’s bedroom while she was changing.
The complaint was lodged by the mother of the victim.
The father had filed for divorce, after which the complaint was lodged.
The prosecution relied primarily on the testimonies of the victim, her mother, and grandmother; no independent witnesses or medical evidence were presented.
During the appeal, the father argued that the complaint was motivated by malice and triggered by matrimonial disputes, with the witnesses tutoring the victim.
The alleged incidents dated back when the victim was 4 and 8 years old, continuing after she attained puberty, but no complaints were made during that period.

Whether the conviction under Sections 10 and 12 of the POCSO Act can be sustained when the testimonies are tutored or influenced by malice?
Whether the alleged offences lacked corroborative independent or medical evidence?
Whether the timing of the complaint—filed after divorce proceedings—affects the credibility of the prosecution’s case?
Whether the age of the victim at the time of alleged offences makes it improbable for her to recall acts accurately years later?
Whether the conviction under Section 323 IPC can be sustained along with the POCSO Act offences?

The court observed that the testimonies of the victim, mother, and grandmother were exaggerated, malafide, and motivated by vengeance arising from divorce proceedings.
It was improbable that a 14-year-old victim could accurately remember acts from ages 4 and 8, leading the court to conclude the victim was tutored.
No independent witnesses or medical evidence corroborated the alleged offences.
The timing of the complaint closely following the divorce petition reinforced the view that the prosecution was triggered by matrimonial disputes.
The court held that the conviction could not be sustained based on the evidence presented.
The father was acquitted of all charges under Sections 10, 12 POCSO Act, and Section 323 IPC.

The Conviction under POCSO Act (Sections 10 and 12) set aside.
The Conviction under IPC Section 323 set aside.
The Petitioner (father) acquitted.
Matrimonial disputes and malafide influence rendered the prosecution unsustainable.

The case highlights the importance of independent corroboration in child sexual abuse cases.
Courts must assess the credibility of witnesses, especially where family disputes may influence testimonies.
Demonstrates that tutored or coached testimony is insufficient to sustain conviction.
Reaffirms that the absence of contemporaneous complaints or medical evidence weakens prosecution.
Establishes that timing and context of complaints (e.g., divorce proceedings) are relevant in evaluating malice and motive.