Madras High Court quashes death sentence in POCSO case over ‘parrot-like’ testimonies

The Madras High Court has overturned a death sentence in a POCSO case, citing serious inconsistencies in the prosecution's evidence. The bench, comprising Justices N Anand Venkatesh and K K Ramakrishnan, noted that the survivors' testimonies appeared to be "parrot-like," meaning they showed striking similarities in their accounts.

This similarity raised doubts regarding the veracity of the survivors' statements, as each survivor testified that they were unaware of the sexual assault inflicted upon other survivors. The court also highlighted the existence of prior animosity against the accused, which further casts doubt on the credibility of the prosecution's evidence.

Additionally, the court expressed concerns over the delay in registering the First Information Report (FIR), which was filed only five days after a school conducted a "good touch-bad touch" awareness programme. The court emphasized that justice should not be achieved by sacrificing one vulnerable person to vindicate another, and that the law must protect the child without abandoning the accused to a conviction unsupported by proof.

The bench underscored the importance of applying rigorous scrutiny to high-profile cases, as the legal process must ensure that no innocent person is deprived of life through a procedure that lacks fairness, justness, and reasonableness.