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PURUSHAINDRA KUMAR KAURAV
Dipender – Appellant
Versus
State (GNCT of Delhi) – Respondent
JUDGMENT
1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short "Cr.P.C") against the judgement of conviction dated 28.03.2017 and order on sentence dated 30.03.2017 passed by the learned, ASJ-01, (North), Rohini Courts, New Delhi, in case SC No.58469/2014 convicting the appellant for the offence under section 6 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO") sentencing him to rigorous imprisonment for ten years with a fine of Rs.5000/- in default of payment of fine further simple imprisonment for 30 days and under section 363 of the Indian Penal Code, 1860 (in short "IPC") convicting the appellant for a period of three years and fine of Rs 5000/- in default of payment of fine further simple imprisonment for 30 days with direction to run both the sentences concurrently.
2. Learned counsel for the appellant submits that the judgment passed by the learned trial court is bad in law and deserves to be set aside. He submits that the learned trial court did not appreciate the evidence in the right perspective, and there are material contradictions and omissions in the evidence of the prosecution witnesses.
The main legal point established in the judgment is the admissibility of the victim's testimony without corroboration, the significance of a 'sterling witness', and the reliance on consistent testimo....
Conviction under POCSO upheld based on consistent testimonies despite minor contradictions; procedural irregularities didn’t prejudice the appellant's defense.
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing stringent punishment under the POCSO Act.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
A conviction for sexual offences must rest on reliable evidence; discrepancies in testimonies can undermine confidence in the prosecution's case.
The victim's testimony does not require corroboration if it inspires confidence and is found to be worthy of credence. The burden is on the accused to disprove the prosecution case.
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.
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