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SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Bagender Manjhi – Appellant
Versus
State (Govt. of NCT) Delhi – Respondent
JUDGMENT
Siddharth Mridul, J.
1. The present appeal under the provision of Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C"), read with section 383 of Cr.P.C, arises out of the judgment dated 11.10.2019 and the order on sentence dated 31.10.2019, rendered by the learned Additional Session Judge-01, Special Court, (POCSO), South District, Saket Court Complex, New Delhi, in Session Case No. 7763/2016, titled as `State vs. Bagender Manjhi', emanating from F.I.R. No.152/2012 (hereinafter referred to as the "subject FIR:) under Sections 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act"), registered at Police Station-Lodhi Colony, New Delhi.
2. By way of the impugned judgment dated 11.10.2019, Bagender Manjhi ("the Appellant"), has been convicted for the commission of offences punishable under the provision of Section 376(2)(f) IPC and section 6 read with section 5/3 of POCSO. Further, by way of the impugned order on sentence dated 31.10.2019, the appellant has been sentenced to undergo imprison
The main legal point established in the judgment is the significance of medical evidence in cases of sexual offences, especially those involving child victims. The judgment also emphasizes the need f....
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
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 court upheld the conviction under IPC and POCSO Act, emphasizing strong corroborative evidence and strict standards for sentencing in cases involving minors.
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 testimony of a child victim can suffice for conviction in sexual assault cases, even without corroboration, provided it is credible and trustworthy.
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
Prosecution must establish essential elements of charges beyond reasonable doubt; inconsistencies and lack of corroboration lead to acquittal.
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