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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Neeraj @ Kuppa – Appellant
Versus
State Govt Of NCT Delhi – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of the present appeals, the appellants seek to assail the judgment of conviction dated 31.07.2023 and the order on sentence dated 13.02.2024, passed by the learned Additional Sessions Judge-01, Special Court (POCSO), South District, Saket Courts, New Delhi, in SC No. 129/2017 arising out of FIR No. 857/2016 registered under Sections 377 /367/506 IPC and Section 6 POCSO at P.S. Neb Sarai, Delhi.
2. As the impugned judgment and order on sentence are common, and common submissions have been addressed by the parties, the above noted appeals are taken up for consideration together and are disposed of by this common decision.
3. 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 Cr.P.C) are that on 08.12.2016, a complaint was made before the SHO, Police Station, Neb Sarai by the complainant/victim 'NK' stating that on 08.12.2016 at about 5.00 PM, he alongwith his younger brother 'KK' were returning to their home after withdrawing money from the ATM and when they stopped near Noorani Masjid for urination, t
The testimony of child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
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....
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 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 a child victim can sustain a conviction under POCSO with minor contradictions and reasonable explanations of delay in FIR registration not undermining its credibility.
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
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