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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Tonny – Appellant
Versus
State – Respondent
JUDGMENT :
1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 25.02.2019 passed by the learned Addl. Sessions Judge-01, Special Court (POCSO Act), North East District, Karkardooma Courts, Delhi, in SC No. 309/2017 arising out of FIR No. 784/2017 registered under Sections 376/506 IPC and Sections 4/6/8 of Protection of Children from Sexual Offences Act, 2012 [in short, “POCSO”] at P.S. New Usmanpur, whereby he was convicted for the offences punishable under Sections 366/376/506 IPC and Section 6 POCSO. Vide the impugned order on sentence dated 27.02.2019, the appellant was sentenced as under:-
i) RI for 4 years alongwith fine of Rs.5,000/-, in default whereof he would undergo SI for 3 months, for the offence punishable under Section 366 IPC;
ii) RI for 4 years alongwith fine of Rs.5,000/-, in default whereof he would undergo SI for 3 months, for the offence punishable under Section 506 IPC; and
iii) RI for 12 years alongwith fine of Rs.10,000/-, in default whereof he would undergo SI for 6 months, for the offence punishable under Section 376 IPC.
2. The FIR came to be registered on 04.08.2017 on the statement of the child v
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
Conviction upheld based on consistent and reliable testimony of child victim, establishing guilt under POCSO Act despite absence of severe injuries; presumption of guilt applies once foundational fac....
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
The testimony of a child victim can sustain a conviction under POCSO with minor contradictions and reasonable explanations of delay in FIR registration not undermining its credibility.
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
The testimony of child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
The testimony of a child witness can stand alone for conviction if credible and consistent, without necessitating corroboration.
Crime against women and Children - Modesty - Conviction confirmed - It is well settled that in a case of rape, finding of guilt can be recorded even on basis of uncorroborated testimony of prosecutri....
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.
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