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MUKTA GUPTA, POONAM A. BAMBA
Satish Kumar Kashyap – Appellant
Versus
State – Respondent
JUDGMENT :
POONAM A. BAMBA, J.
Vide this appeal, the appellant is assailing the judgment dated 04.10.2018 (‘impugned judgment’ in short) passed by Ld. ASJ-01, North-West District, Rohini Courts, Delhi, whereby the appellant was convicted for the offence punishable under Section 366 Penal Code, 1860 (‘IPC’ in short) as well as under Section 6 of the Protection of Children from Sexual Offences, 2012 (‘POCSO Act’ in short), in Sessions Case No. 116/2015, in FIR no. 393/2015, Police Station Kanjhawala; and order on sentence dated 08.10.2018, whereby the appellant was sentenced to undergo imprisonment for life under Section 6 of POCSO Act with fine of Rs. 10,000/-, in default to undergo simple imprisonment for six month months; and is also to undergo rigorous imprisonment for a period of 10 years under Section 366 IPC with fine of Rs. 5,000/-, in default to undergo simple imprisonment for three months.
2. Briefly stating, the prosecution case is, that on 02.06.2015, at about 5.46 pm, a PCR call (Ex. PW-13/A) was received regarding ‘galat kaam’ with a minor girl near Pani ki Tanki, Ladpur Road, Kanjhawala. On which, DD no. 35-A dated 02.06.2015 (Ex. PW-8/A) was recorded at Police Station Kh
The absence of penetration is critical for a conviction under Sections 5(i) and 6 of the POCSO Act, but the presence of injuries can still lead to a conviction for aggravated sexual assault under Sec....
The court established that while complete penetration is not necessary for a conviction of penetrative sexual assault, there must be sufficient evidence of acts constituting such assault as defined i....
Sentence must be based on comparative analysis of aggravating and mitigating circumstances.
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 affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
Punishment for aggravated sexual assault is prescribed in section 10 of POCSO, 2012.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The credibility of witnesses and corroborative evidence, such as medical examination, are crucial in establishing guilt in sexual offence cases involving minors.
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