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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State of Delhi – Appellant
Versus
Rajesh – Respondent
JUDGMENT (Oral)
Neena Bansal Krishna, J. The present Criminal Leave Petition under Section 378 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner/State seeking Criminal Leave to Appeal against the Judgment dated 16.12.2020 whereby the learned Additional Sessions Judge-05, (POCSO) North, Rohini Courts, Delhi has acquitted the accused/respondent of the charges punishable under Sections 376(2)(i) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 registered vide FIR No. 465/2015 at Police Station Bhalswa Dairy.
2. The case of the prosecution is that on 22.07.2015 at about 11.15 AM, it was informed that a child, aged about 5 years was sexually assaulted by an ice cream vendor (respondent herein). On the complaint of the grandmother, FIR No. 465/2015 was registered at about 4:25 PM and investigations were carried out. The medical examination of the child (victim) got done and her statement under Section 164 Cr.P.C was recorded. On completion of the investigation, a chargesheet was filed under Section 376 (2)(i) read with Section 6 of POCSO Act.
3. Charges were accordingly framed to which the responde
The prosecution must prove charges beyond reasonable doubt, and contradictions in testimonies can impact the case's outcome.
The principle of proving offences beyond reasonable doubt and the significance of inconsistencies in witness testimony in criminal cases.
The standard of proof in criminal cases requires clear and consistent evidence, particularly when victim testimony shows major contradictions, which may create reasonable doubt about the credibility ....
The need for proof beyond reasonable doubt in criminal cases, especially in cases of penetrative assault.
For offences punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012, evidence of victim itself is sufficient – It does not need corroboration of te....
The prosecution must prove charges beyond reasonable doubt; inconsistent testimony and lack of corroboration can lead to acquittal.
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
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