Back
MUKTA GUPTA
Mukesh Kumar – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT
Mukta Gupta, J. - By the present appeal, appellant challenges the judgment dated 5th September, 2020 convicting the appellant for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) as also the order on sentence dated 1st October, 2021 awarding him sentence of rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/- (Rupees ten thousand only), in default whereof to undergo simple imprisonment for a period of one month and to pay a compensation of Rs. 25,000/- (Rupees twenty five thousand only) to the victim and in default whereof to undergo simple imprisonment for a period of two months.
2. Learned counsel for the appellant contends that as per the statement of the prosecutrix recorded under Section 164 Cr.P.C. no penetrative sexual assault took place and the statement made by her in the Court was an improvement. The child being of tender age could not contemplate the distinction between a penetrative sexual assault and touch. On a perusal of her statements, the appellant cannot be convicted for offence punishable under Section 6 POCSO Act. Appellant has also taken the plea of false imp
The main legal point established in the judgment is the reliance on the consistent version of the prosecutrix in reaching the decision to convict the appellant under Section 6 of the POCSO Act.
Consistent testimony of a minor victim, even amid conflicting medical evidence, supports a conviction under the POCSO Act for sexual assault.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The significance of medical evidence in cases of sexual assault on minors, and the interpretation that even slight penetration can lead to inflammation, supporting the victim's testimony.
The court emphasized the necessity of corroborative evidence in sexual assault cases, particularly when the victim's testimony is inconsistent.
Minor contradictions in the victim's statement do not make her testimony unreliable, and the absence of injuries on the victim's private parts does not negate the commission of penetrative sexual ass....
Conviction for aggravated penetrative sexual assault was overturned due to lack of penetrative evidence; modified conviction for sexual assault under relevant sections of the POCSO Act was upheld.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
