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AMIT SHARMA
Shashim Das – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Amit Sharma, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') seeks bail in case FIR No. 340/2018 under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') registered at PS Govindpuri.
2. The present FIR was registered at the instance of the mother of the victim, who in her compliant stated as under:
i. She resides in Govindpuri with her mother, brother, sister-in-law, niece and daughter. She stated that her husband had left her 6 years ago and now she lived with her parents in the same building on rent.
ii. In the complaint it was alleged that an uncle named Shashim Das, i.e., the applicant, who resides on the 2nd floor of the same building had committed some wrongs with her daughter, the victim.
iii. It was alleged that the victim was bleeding with urine, on the evening of 04.10.2018 which was noticed by her grandmother. Thereafter she called her family doctor. After examination of the victim, the family doctor suggested that some wrong has been done to her and instru
Presumption of guilt under POCSO, consistency of witness statements, attempt to influence witness as grounds for denying bail
The unblemished and trustworthy testimony of a victim can be the sole basis for conviction, and medical evidence can corroborate the victim's testimony.
The central legal point established in the judgment is the requirement for the testimony of the prosecutrix to be reliable and of a sterling quality for a conviction under the POCSO Act. The judgment....
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The legal framework applied by the court focused on the definition of penetrative sexual assault under the POCSO Act and the absence of the need for physical injury to constitute the offense. The cou....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
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....
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