SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Del) 997

MUKTA GUPTA
Dalip @ Ballu – Appellant
Versus
State (Govt NCT. of Delhi) – Respondent


Advocates Appeared:
For the Appellant : Mr. Arun Kumar Rathi, Adv.
For the Respondent: Ms. Meenakshi Chauhan, APP with SI Vidya rawat PS Maurya Enclave.

JUDGMENT :

MUKTA GUPTA, J.

1. By the present appeal, Dalip @ Ballu challenges the impugned judgment dated 23rd January, 2016 whereby he was convicted for offence punishable under Section 10 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO’) and order on sentence dated 28th January, 2016 whereby he was directed to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5000/- for the offence punishable under Section 10 POCSO and in default of payment of fine to undergo further simple imprisonment for a period of six months.

2. Learned counsel for Dalip @ Ballu submits that child victim was tutored. No internal medical examination of the child victim was got conducted which falsifies the case of the prosecution. Though, it has come in the testimony of the child victim and her mother that the child victim made a call to her mother, however, the same has not been proved. Though it was urged that the initial call was made by the mother of the child victim, however the same is not reflected in the DD No.39A. There is delay in lodging the FIR. There are contradictions in the statements of the child victim recorded under Section 161 and 164 C







































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top