Back
PURUSHAINDRA KUMAR KAURAV
Dil Bahadur, S/o Sh. Bhakt Bahadur – Appellant
Versus
State (G. N. C. T. Of Delhi) – Respondent
JUDGMENT :
1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) is directed against the judgment of conviction dated 10.08.2017 and order on sentence dated 17.08.2017, passed by the learned Additional Sessions Judge-01, Special Court, POCSO Act, (North) Rohini Courts, Delhi, with reference to Sessions Case No. 58863/16, wherein, the appellant has been convicted for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as ‘POCSO Act’) and under Section 452 of the IPC. Vide order on sentence dated 17.08.2017, the appellant has been sentenced as under:-
| “1. For the offence u/s 6 of the Protection of Children from Sexual Offences Act,2012, (POCSO Act); | Rigorous imprisonment for a period of Ten Years, alongwith a fine of Rs. 30,000/-. In default, a payment of fine, the convict shall undergone Simple Imprisonment for 60 days. |
| 2. For the offence under Section 452 of IPC | Rigorous Imprisonment for a period of Three Years, alongwith a fine |
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
Conviction for sexual assault can be based on the sole testimony of the victim if deemed credible, despite minor discrepancies in their statements.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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
