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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri
Jagat – Appellant
Versus
Govt of NCT of Delhi – Respondent
JUDGMENT :
Manoj Kumar Ohri, J.
1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 01.12.2023 and the order on sentence dated 06.02.2024, passed by the learned Additional Sessions Judge-01, Special Court (POCSO), South District, Saket Courts, Delhi, in SC No. 193/2017 arising out of FIR No. 117/2017 registered under Sections 376/366A IPC and Section 6 POCSO at P.S. Neb Sarai.
Vide the order on sentence, the appellant was sentenced to undergo RI for 10 years and to pay a fine of Rs.25,000/- for the offence under Section 376(2) IPC, and in default of payment of fine, to further undergo SI for 1 year. He was further sentenced to undergo RI for 4 years and to pay a fine of Rs.10,000/- for the offence under Section 366A IPC, and in default of payment of fine, to further undergo SI for 4 months. Both the sentences were directed to run concurrently and the benefit of Section 428 Cr.P.C. was extended to him.
2. The facts, in a nutshell, as noted by the Trial Court are extracted hereunder:
“Succinctly, the facts of the case unfolded from the charge sheet filed u/s 173 of Criminal Procedure Code (for short CrPC) are that on receipt of DD No. 32A dated
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
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.
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....
The testimony of child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
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....
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