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AMIT SHARMA
Faiyaz @ Payazi – Appellant
Versus
State – Respondent
JUDGMENT
Amit Sharma, J. - The present appeal under Section 374 of the Code of Criminal Procedure, 1973 (`CrPC`) challenges the judgment of conviction and order on sentence dated 20.01.2017 and 30.01.2017 respectively passed by the learned Additional Sessions Judge-01 (North-West), Rohini District Courts, New Delhi, in Sessions Case No. 1/16 arising out of FIR No. 1043/15 under Section 376 of the Indian Penal Code, 1860 (`IPC`) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (`POCSO`) registered at PS Sultan Puri. The appellant has been convicted for offence under Section 6 of the POCSO and has been sentenced to undergo rigorous imprisonment of for 10 years alongwith a fine of Rs.5,000/- and in default of payment of fine, further simple imprisonment for 03 months.
Background
2. Briefly stated, the facts of the present case are as under:
i. At H.No. 1368, Lakhi Ram Chowk, Kartarwali Gali, Village Poth Kalan, Delhi, the victim, aged about 05 years, resided in one room and the appellant Faiyaz @ Payazi and one Bahadur Singh resided in the adjoining room. The mother of the victim worked at a bangle manufacturing factory located in the same street. The appellant a
The unblemished and trustworthy testimony of a victim can be the sole basis for conviction, and medical evidence can corroborate the victim's testimony.
Minor contradictions in the victim's statement do not make her testimony unreliable, and the absence of injuries on the victim's private parts does not negate the commission of penetrative sexual ass....
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 reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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.
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The court affirmed that a child's credible testimony, corroborated by medical evidence and the POCSO Act's presumption of guilt, ensures conviction for aggravated sexual assault.
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....
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