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SUDHIR KUMAR JAIN
State – Appellant
Versus
Liyakat Ali – Respondent
JUDGMENT
Sudhir Kumar Jain, J. - The present appeal is filed under article 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") to impugn judgment dated 08.03.19 (hereinafter referred to as "the impugned judgment") passed by the court of Sh. Amit Kumar, Additional Sessions Judge (Special Court, POCSO ACT), North West, Rohini Courts, Delhi (hereinafter referred to as "the trial court") in Sessions Case no.157/2015 arising out of FIR no 1134/2014 registered under sections 354/323/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and under section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") at P.S. Sultan Puri.
2. The factual background of the case is that FIR bearing no 1134/2014 dated 05.10.2014 was got registered under sections 354/323/506/34 IPC and under section 8 of POCSO Act on the basis of the complaint made by father of the victim (hereinafter referred as "the complainant"). The complainant on 05.10.2014 along with prosecutrix/victim (hereinafter referred to as "Victim") came to PS Sulatn Puri and met ASI Rajender Singh Tomar who recorded statement of the complainant. T
The main legal point established in the judgment is that minor contradictions and discrepancies in the evidence, as well as the delay in lodging the FIR, if properly explained, would not be fatal to ....
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
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....
Sexual Assault - Recording of confessions and statements - Conviction upheld - Evidence of prosecution witnesses as well as initial statement given by victim child under Section 164 of Cr.P.C. substa....
A conviction for sexual assault against a minor can be based on the sole, consistent testimony of the victim. However, while minor delays or lack of physical injury do not necessarily invalidate such....
The court upheld the conviction for aggravated sexual assault under the POCSO Act, emphasizing the sufficiency of evidence despite procedural claims of the defence.
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
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