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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Niranjan Tiwari – Appellant
Versus
State – Respondent
JUDGMENT :
SANJEEV NARULA, J.
1. The present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 , [“CrPC”] is directed against the judgment and order of sentence dated 25th August, 2022 and 19th October, 2022 respectively, passed by the Additional Sessions Judge in the case titled State v. Niranjan Tiwari, in pursuance of FIR No. 1138/2015 dated 13th August, 2015 registered at P.S. Binda Pur, for the offence under Sections 10 and 9(m) of the Protection of Children from Sexual Offences Act, 2012 ., “POCSO Act”.
Factual Background
2. The factual matrix leading to the filing of the present appeal is as follows:
2.1 The victim, an 11-year old girl,, [“Prosecutrix”] at the time of the alleged incident, was attending tuition classes at IGA Institute located at Gali No. 8, F-103, Vishwas Park, Solanki Road. On 12th August, 2015, the Prosecutrix returned home from the tuition classes, visibly distressed and weeping. Upon inquiry by her mother (PW-2), the Prosecutrix narrated an alleged incident of inappropriate physical contact by the accused Appellant. The Prosecutrix informed her mother that, while her tutor (Baby) had briefly stepped out of the tuition room, the Appellant,
The prosecution failed to establish the charges beyond a reasonable doubt due to inconsistencies in the victim's testimony and lack of corroborating evidence.
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The court affirmed the conviction for sexual assault under POCSO, emphasizing that consent is irrelevant when the victim is a minor, and upheld the probative value of DNA evidence in confirming the i....
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
Criminal Law - Criminal Trial - Appeal against conviction - Rape of Minor girl - Reliability of testimony - Statement made by prosecutrix and her failure to give any details of the previous places th....
The court established that a victim's testimony, while crucial, must be corroborated; contradictions in the prosecutrix's statements rendered the conviction unsafe.
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
Foundational facts are required to be established by the prosecution by leading evidence beyond any reasonable doubt. The burden on the accused is not to rebut the presumption beyond reasonable doubt....
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