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DELHI HIGH COURT
PURUSHAINDRA KUMAR KAURAV
Dharmender – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. procedural background of the case. (Para 1 , 6 , 7) |
| 2. appellant's arguments against conviction. (Para 2 , 3 , 4) |
| 3. importance of victim's testimony. (Para 10 , 11 , 20) |
| 4. criteria for accepting testimony. (Para 12 , 13 , 19) |
| 5. court's decision to overturn conviction. (Para 21 , 22) |
JUDGMENT
1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short "Cr.P.C") against the judgment of conviction dated 29.04.2017 and order on sentence dated 01.05.2017 passed by the learned, ASJ-01, (North-East), Karkardooma Courts, New Delhi, in case SC No. 45014/2015 convicting the appellant for the offence under Section 376(2)(i) & 506 of Indian Penal Code, 1860 (in short "IPC") sentencing him to rigorous imprisonment for ten years with a fine of Rs. 10,000/- in default of payment further simple imprisonment for 01 month.
2. Learned counsel for the appellant submits that the impugned judgment passed by the learned Trial Court is bad in law and deserves to be set aside. He submits that the learned trial court did not appreciate the evidence in the right perspective, and there are material contradictions and omissions in the evidenc
A conviction for sexual offences must rest on reliable evidence; discrepancies in testimonies can undermine confidence in the prosecution's case.
The main legal point established in the judgment is the admissibility of the victim's testimony without corroboration, the significance of a 'sterling witness', and the reliance on consistent testimo....
The conviction cannot be based solely on the testimony of the prosecutrix if it is full of contradictions and lacks corroborative evidence.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The main legal point established in the judgment is the importance of considering the testimony of the victim in cases of sexual assault, the application of statutory presumptions under the Act, and ....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
Conviction can be based solely on prosecutrix's evidence, unless there are compelling reasons for seeking corroboration.
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