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DELHI HIGH COURT
MUKTA GUPTA
Nekram – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. challenge to conviction under pocso (Para 1) |
| 2. victim's testimony and corroboration (Para 2 , 3 , 4) |
| 3. appellant's defense and claims (Para 5) |
| 4. assessment of evidence and witness credibility (Para 6) |
| 5. judgment and sentence modification (Para 7 , 8) |
| 6. disposition of appeal (Para 9 , 10 , 11) |
JUDGMENT
The hearing has been conducted through physical mode.
1. By this appeal, the appellant challenges the judgment of conviction dated 11th September, 2019 convicting him for offence punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) and the order on sentence dated 17th September, 2019 directing him to undergo rigorous imprisonment for a period of six years and a fine of Rs.10,000/- for the said offence and in default whereof to undergo four months simple imprisonment.
2. Case of the prosecution against the appellant is based on the testimony of the victim who was a student of 5th standard and was aged 10 years at the time of alleged incident. The victim claims that on 18th February, 2017 at around 7.45 AM while she was going towards her school and her father PW-5 was walking 10-15 steps behind her, she took
The court upheld the conviction under the POCSO Act, establishing that evidence from the victim and witnesses proved guilt beyond reasonable doubt.
The victim's testimony in a sexual assault case holds significant weight and may not require corroboration. The principle of proportionality influences the determination of sentences.
The main legal point established in the judgment is the evaluation of evidence and the appropriate application of the relevant sections of the POCSO Act based on the circumstances of the case.
Conviction under POCSO Act requires corroboration of testimony, and sentencing can be reduced based on personal circumstances of the offender.
The main legal point established in the judgment is the reliance on the consistent version of the prosecutrix in reaching the decision to convict the appellant under Section 6 of the POCSO Act.
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
Consistent testimony of a minor victim, even amid conflicting medical evidence, supports a conviction under the POCSO Act for sexual assault.
A minor's testimony, corroborated by witnesses, substantiates convictions for sexual assault under the POCSO Act, emphasizing the necessity for strong penalty considerations due to the victim's age.
The conviction under the POCSO Act and IPC sections for sexual offenses against a minor was upheld due to consistent corroborative evidence, despite challenges regarding victim's age.
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