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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Deepak – Appellant
Versus
State (Govt. Of Nct Of Delhi) – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present appeal has been instituted under Section 374(2) CrPC seeking to set aside the judgment of conviction dated 11.08.2023 and order on sentence dated 22.08.2023 passed by the ASJ-07(POCSO)/West Tis Hazari Courts, Delhi arising out of FIR No.392/2015 registered under Sections 376/506 IPC and Section 6 POCSO Act at P.S. Hari Nagar, Delhi.
Vide the impugned judgement, the appellant was convicted for the offence under Sections 376/506(II) IPC and Section 6 POCSO Act and vide the order on sentence, the appellant has been directed to undergo rigorous imprisonment for a period of 10 years for the offence punishable under Section 376(2) IPC alongwith payment of fine of Rs.10,000/- in default whereof he has been directed to further undergo simple imprisonment for a period of 1 month and rigorous imprisonment for a period of 3 years for the offence punishable under Section 506(II) IPC alongwith payment of fine of Rs.4,000/- in default whereof he has been directed to further undergo simple imprisonment for a period of 1 month. The benefit of Section 428 Cr.P.C. has also been provided to the appellant and all the sentences have been directed to run concu
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.
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.
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
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.
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 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 testimony of child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
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