Shri Kant vs Govt. of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MUKTA GUPTA
Shri Kant – Appellant
Versus
Govt. of NCT of Delhi – Respondent

Table of Content
1. conviction basis and sentencing details (Para 1 , 5)
2. arguments against conviction and sentencing (Para 2 , 3)
3. prosecution's evidentiary support (Para 4 , 11)
4. court's findings and sentencing rationale (Para 12 , 13)
5. final decision and order of appeal dismissal (Para 14 , 15)

JUDGMENT

Mukta Gupta, J.

1. By the present appeal, the appellant challenges the impugned judgment dated 31st January, 2017 whereby he was convicted for offences punishable under Section 342 IPC and Section 6 of the POCSO Act and the order on sentence dated 2nd February, 2017 whereby he was directed to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs.5000/- for offence punishable under Section 6 POCSO Act in default of payment of fine to undergo simple imprisonment for 30 days as also rigorous imprisonment for a period of one year and a fine of Rs.5000/- for offence punishable under Section 342 IPC in default whereof to undergo simple imprisonment for 30 days.

2. Learned counsel for the appellant contends that the prosecution has not been able to prove beyond reasonable doubt the charge against the appellant that he committed penetrative sexual assault u

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