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The Hindu
19-05-2025
- The Hindu
‘Exorcist', schoolgirl's father escape POCSO Act conviction in Madras High Court due to doubts over her age
Trigger warning: the following article has references to child sexual abuse, sexual assault, and rape. Reader discretion advised. An 'exorcist' and the father of a schoolgirl have escaped punishment under the Protection of Children from Sexual Offences (POCSO) Act of 2012 because of the prosecution's failure to prove she was only 16 years old when the duo subjected her to sexual assault and aggravated penetrative sexual assault, respectively. A Madras High Court Division Bench of Justices A.D. Jagadish Chandira and K. Rajasekar held that a certificate issued by the school headmistress was insufficient to prove the age of the victim. A radiologist who conducted the ossification test was not examined, and the test report was not marked as evidence before the trial court, they said. To get today's top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter The judges, therefore, set aside the conviction of the girl's father Gunasekaran and the 'exorcist' Sivakumar for the offences under Sections 7 (sexual assault) and 5 (aggravated penetrative sexual assault) of the POCSO Act, which the trial court had invoked to impose five years of rigorous imprisonment and life sentence, respectively. Charged under rape Nevertheless, since Additional Public Prosecutor A. Thiruvadi Kumar had succeeded in proving the other facts of the case before the High Court, the Division Bench convicted the girl's father under Section 354 (outraging a woman's modesty) of the Indian Penal Code (IPC) and sentenced him to three years of simple imprisonment. The Bench also found the 'exorcist' guilty under Section 376(1) (rape) of the IPC and sentenced him to rigorous imprisonment for 10 years. It also reduced the fine amount of ₹5 lakh imposed on him by the trial court under the POCSO Act to ₹25,000 for the IPC offence, with a default sentence of one year of simple imprisonment. The judges further ordered that the compensation of ₹7 lakh ordered to be paid to the victim by the trial court by invoking the provisions of the POCSO Act, should instead be paid from the Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes 2018. What is the case about? According to the Inspector of an All Women Police Station in Ramanathapuram, the girl was first molested by her father in 2018 when she was 14 years old and studying in Class VII. He later moved abroad for a job. Subsequent to his return to the country in 2020 due to COVID-19, the convict continued to sexually assault his daughter and threatened her with dire consequences if it was revealed to her mother. Meanwhile, the mother, concerned about her daughter's changes in behaviour, took her to the 'exorcist' for remedy. The exorcist, however, further subjected the girl to penetrative sexual assault in 2021. The girl then opened up to her mother, who immediately called the child helpline 1098, leading to the registration of the POCSO Act case against the father and the 'exorcist'. Accused found guilty Though the convicts raised multiple grounds to attack the prosecution case on merits and attempted to get acquitted from all charges, the judges rejected those grounds and held that the evidence adduced by the prosecution was sufficient to prove the guilt of the accused beyond all reasonable doubt. The Division Bench also observed there was nothing wrong on the part of the trial court in having conducted a joint trial against the two convicts though the charges levelled against them were of different periods, spanning between 2018 and 2021, and the alleged offences too had occurred at different places. 'The accused have understood the charges for which they have been facing the trial and they were not able to establish prejudice, if any, caused to them... This court finds that no prejudice had been caused to them due to their joint trial and there is no miscarriage of justice against the accused,' the Bench concluded. The judgment was reserved at the Madurai Bench of the Madras High Court but delivered at its principal seat in Chennai.
The Hindu
01-05-2025
- Politics
- The Hindu
Decision on school reopening date to depend on heatwave conditions: T.N. School Education Minister
Tamil Nadu Minister for School Education Anbil Mahesh Poyyamozhi said on Thursday (May 1, 2025) that a decision on postponing the reopening of schools in the State would be made closer to the reopening date, based on weather conditions and in consultation with the Chief Minister. Speaking to reporters after paying tribute to the statue of former Chief Minister M. Karunanidhi at TVS Tollgate in Tiruchi on Labour Day, Mr. Poyyamozhi said: 'The summer heat is scorching in Tamil Nadu, and even yesterday, 104 degrees Fahrenheit was recorded in Tiruchi. Schools were scheduled to reopen on June 2; however, we will decide based on the weather conditions.' To get today's top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter Mr. Poyyamozhi also issued a stern warning to private schools regarding their fee structures. 'Strict action will be taken against any institution that collects fees beyond the government-fixed rate,' he said On the National Education Policy (NEP), he said, 'We follow a no-detention policy for students till Class VIII, but NEP favours public exams in Classes III, V, and VIII, which will increase the dropout rate of children,' he said. When asked about the caste-wise census, he said the Centre has not specified when it will commence. 'Elections are coming up in five States. We can expect many such announcements from the Union government during the election season. This should not just be announced but also implemented,' Mr. Poyyamozhi said.
The Hindu
22-04-2025
- Politics
- The Hindu
Jagdeep Dhankhar to inaugurate Tamil Nadu Vice-Chancellors' conference being presided by Governor Ravi at Ooty: Raj Bhavan
Amid much criticism, the Raj Bhavan in Tamil Nadu announced on Tuesday (April 22, 2025) that Vice-President of India Jagdeep Dhankhar will inaugurate the annual two-day conference of Vice-Chancellors (V-Cs) of State, Central, and private universities in the State. The conference that is to be presided by Tamil Nadu Governor Ravi is scheduled to be held on April 25 and 26 at the Raj Bhavan campus in Udhagamandalam. To get today's top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter According to a press release from the Raj Bhavan, Mr. Dhankhar will be the chief guest of the conference. 'It aims to have detailed deliberations and interactive sessions on a gamut of issues covering implementation of National Credit Framework, academic collaborations among universities, use of Artificial Intelligence to maximise learning outcomes, financial management in educational institutions, research excellence, promoting entrepreneurship, capacity building for learners, creating wealth through Intellectual Property (IP) and careers in rehabilitation of differently abled persons,' the release said. Eminent speakers from academia, government and industry will cover the above topics. Prof. Ajay Kumar Sood, Principal Scientific Adviser to the Government of India will deliver a special address on the topic 'Frontiers in Science and Technology'. The Conference aims to foster collaboration, share best practices and explore innovative approaches to higher education in a rapidly evolving academic landscape, the press release added. This announcement comes after Mr. Ravi held a meeting with Mr. Dhankhar in New Delhi on April 19, days after the Supreme Court ruled that various Bills pertaining to universities, re-adopted by the Tamil Nadu Legislative Assembly and pending with the President, were deemed to have been granted assent. The Supreme Court judgment on April 8 had also set a timeline for the President and Governors to take decisions on Bills passed by State Assemblies. Following the apex court verdict, on April 16, Tamil Nadu Chief Minister M.K. Stalin held a consultative meeting with Vice-Chancellors and Registrars of all State universities. Earlier, some of the allies of the ruling DMK had opposed to Mr. Ravi's move to convene the V-Cs' conference.
