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MINI PUSHKARNA, MUKTA GUPTA
Mukish – Appellant
Versus
State – Respondent
ORDER
Mini Pushkarna, J. (Oral). - CRL.M.A. 9812/2022 (Exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
CRL.A. 114/2020
1. The present is an appeal under Section 374(2) read with Section 383 of Cr.P.C. challenging the Judgment dated 28th November, 2019 and order on point of sentence dated 29th November, 2019 passed by Sh. Gaurav Rao, learned Additional Sessions Judge-01 (POCSO), South-East District, Saket Courts, New Delhi.
2. The appellant was convicted for the offence punishable under Section 6 of The Protection of Children from Sexual Offences Act, 2012 (herein referred to as 'POCSO Act'), and awarded sentence of Imprisonment for life along with fine of Rs.10,000/- ; in default of payment of fine, the Trial Court has further awarded sentence of Simple Imprisonment for a period of one month, for the said offence.
3. In the present appeal the main challenge to the impugned judgment of the learned Trial Court is on the ground that the prosecution has not been successful in establishing the guilt of the appellant in respect of offence punishable under Section 6 of the POCSO Act. Learned counsel for the appellant has contended that the testimony of
The significance of scientific evidence, including DNA matching, in establishing guilt under the POCSO Act.
The prosecution failed to establish the elements of penetrative sexual assault under the POCSO Act, leading to the quashing of conviction due to insufficient evidence and unreliable witness testimoni....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
The sole testimony of a child victim can form the basis of conviction in sexual assault cases, provided the testimony is credible and consistent, irrespective of corroborative evidence.
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The testimony of a child victim in sexual offence cases can be sufficient for conviction if it is credible and corroborated by medical evidence, and the presumption of guilt under the POCSO Act appli....
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