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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Mohd. Raju @ Raju – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of the present appeal, the appellant seeks to assail the judgement of conviction dated 29.01.2020 whereby the appellant was convicted under Section 6 read with 5(j) of POCSO Act and order on sentence dated 04.02.2020 passed by the ASJ (POCSO Act), South East, Saket Courts in SC No. 1811/2016.
Vide order on sentence, the appellant was directed to undergo rigorous imprisonment for a period of 14 years and also to pay a fine of Rs.1,500/- for offence punishable under Section 6 read with section 5(j) of POCSO Act and in default of payment of fine, he was directed to undergo simple imprisonment for a period of six months.
2. The prosecution case, in a nutshell was that on 13.05.2014, information was received in P.S. Govind Puri that the prosecutrix, who was minor and pregnant had been admitted in ESI hospital by her parents vide MLC number 456/2014 which was recorded vide DD no. 11-A and the same was entrusted to SI Jitender and MLC of the prosecutrix was handed over to him. The statement of the prosecutrix was recorded in the hospital. She stated that the appellant was her fufa (Uncle) who lived nearby and his meals were prepared at her house and s
The POCSO Act presumes guilt upon establishment of foundational facts; minor contradictions in the prosecution's case do not undermine the overall credibility of the victim's testimony.
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
The need for corroboration of evidence, especially in cases involving child witnesses, and the rebuttable nature of the presumption under Section 29 of the POCSO Act.
The presumption of guilt in sexual offences under POCSO relies on proven foundational facts; mere suspicion is insufficient for conviction.
The court ruled that without credible evidence or reliable testimony, suspicion alone cannot support a conviction under the POCSO Act.
Point of law: Conviction upheld - In the absence of cogent evidence brought on record to prima-facie establish the foundational facts, conviction of the accused cannot be based solely on presumption ....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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