Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Pawan – Appellant
Versus
State (Nct Of Delhi) – Respondent
| Table of Content |
|---|
| 1. nature of appeal and conviction details. (Para 1 , 2) |
| 2. testimonies from the victim and witnesses. (Para 3 , 4 , 5) |
JUDGMENT :
1. The present appeal filed under Section 374 (2) read with Section 482 Cr.P.C., has been instituted assailing the order of conviction dated 02.08.2023 vide which he has been convicted for offences punishable under 342/365/506/376 of IPC and Section 4 of the POCSO Act and order of sentence dated 15.09.2023 in Sessions Case No. 55/2018 arising out of FIR No.355/2017 registered under Sections 367/376/506/342 IPC & Section 6 of POCSO Act at P.S. Khyala. Vide order on sentence, while granting benefit of Section 428 CrPC, the appellant was sentenced to undergo:
(i) Rigorous Imprisonment (RI) for 20 years with a fine of Rs.5,000/- for the offence under Section 376 (2)(i) IPC, in case of default to pay fine, he shall undergo Simple Imprisonment (SI) for 5 Months;
(iii) RI for 2 years for the offence under Section 506 IPC; and (iv) RI 1 year for the offence under Section 342 IPC.
“1. On 01.12.2017, victim along with her parents went to PS Khyala and reported the offence of rape whereafter IO/SI Satyawati took the victim along with her month to DDU hos
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
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....
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
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....
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
The court upheld the conviction under POCSO Act based on the reliable testimony of the child victim, emphasizing that such testimony can alone sustain a conviction.
The court affirmed that a child's credible testimony, corroborated by medical evidence and the POCSO Act's presumption of guilt, ensures conviction for aggravated sexual assault.
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 victim can sustain a conviction under POCSO with minor contradictions and reasonable explanations of delay in FIR registration not undermining its credibility.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
