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DELHI HIGH COURT
MUKTA GUPTA
Mukesh Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act based on victim's testimony. (Para 1 , 3 , 4) |
| 2. appellant's plea challenges victim's statements. (Para 2 , 7 , 8) |
| 3. court reaffirms conviction based on consistent testimony. (Para 5 , 6 , 9) |
| 4. appeal dismissed, order upheld. (Para 10 , 11 , 12) |
JUDGMENT
Mukta Gupta, J. (Oral)--By the present appeal, appellant challenges the judgment dated 5th September, 2020 convicting the appellant for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) as also the order on sentence dated 1st October, 2021 awarding him sentence of rigorous imprisonment for a period of ten years and to pay a fine of Rs.910,000/- (Rupees ten thousand only), in default whereof to undergo simple imprisonment for a period of one month and to pay a compensation of Rs.925,000/- (Rupees twenty five thousand only) to the victim and in default whereof to undergo simple imprisonment for a period of two months.
2. Learned counsel for the appellant contends that as per the statement of the prosecutrix recorded under Section 164 Cr.P.C. no penetrative sexual assault took place and the statement made by her in the Cour
Consistent testimony of a minor victim, even amid conflicting medical evidence, supports a conviction under the POCSO Act for sexual assault.
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 court upheld the conviction for sexual assault under the POCSO Act, emphasizing the weight of direct testimony and corroborating evidence despite defence claims of inconsistencies.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The significance of medical evidence in cases of sexual assault on minors, and the interpretation that even slight penetration can lead to inflammation, supporting the victim's testimony.
Conviction for sexual assault on a minor established by credible testimony and corroborated medical evidence; strict sentences enforced for such offenses.
The court emphasized the necessity of corroborative evidence in sexual assault cases, particularly when the victim's testimony is inconsistent.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The reliability and trustworthiness of the testimony of the prosecutrix are crucial in cases involving offenses against minors, and even if the medical evidence does not support the prosecution case,....
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