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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula
Ashish – Appellant
Versus
CRL.A. 269 of 2025 & CRL.M.A. 6930 of 2025, CRL.M.(BAIL) 486 of 2025 – Respondent
| Table of Content |
|---|
| 1. appeal against conviction under bnss and pocso. (Para 1) |
| 2. state's defense and affirmation of trial findings. (Para 5 , 6) |
| 3. prosecutrix's stance diverging from state's case. (Para 8) |
| 4. prosecutrix's age and its implications under the law. (Para 11 , 12 , 13) |
| 5. assessment of the reliability of the prosecutrix's statements. (Para 17 , 19 , 20 , 22) |
| 6. significance of dna evidence in substantiating claims. (Para 24 , 25) |
| 7. final judgment regarding the appeal and sentencing. (Para 34 , 36) |
| 8. court's observations on family dynamics and statutory mandates. (Para 39 , 40) |
JUDGMENT
1. The present appeal under Section 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 , [“ BNSS ”] Section 374 (2) of the Code of Criminal Procedure, 1973 , [“ Cr.P.C .”] assails judgment of conviction dated 04th December, 2024 and order on sentence dated 17th January, 2025 passed by the Court of ASJ (FTSC), (POCSO)-01, South-West District, Dwarka Courts in SC No. 223/2020. These proceedings emanate from FIR No. 443/2020 registered at P.S. Uttam Nagar for the offences under Section 376 of the Indian Penal Code, 1860[IPC] ,and Section 6 of the Protection of Children from Sexual Offences Act
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 integrity and chain of custody of DNA evidence are crucial for its admissibility in court, and failure to establish these can lead to acquittal.
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....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The presumption of guilt under the POCSO Act applies where conclusive DNA evidence establishes the accused's wrongdoing, despite contradictory testimonies from the victim and her mother, solidifying ....
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The testimony of a child victim can be adequate to support a conviction if corroborated by consistent secondary evidence and medical findings.
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