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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Jaswinder Singh Alias Kake Alias Sardar – Appellant
Versus
State Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. conviction established through victim testimony. (Para 1 , 3) |
| 2. arguments regarding evidence improvements discussed. (Para 4) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present appeal filed under Section 374(2) read with Section 482 Cr.P.C., has been instituted assailing the judgement of conviction dated 21.10.2023 vide which the has been convicted for offences punishable under Sections 5 (m), (n) & (p) punishable under Section 6 POCSO Act and order of sentence dated 15.01.2024 in Sessions Case No. 972/2019 arising out of FIR No. 703/2019 registered under Sections 377/380 IPC & 6 of POCSO Act at P.S. Raj Park.
Vide order on sentence, appellant was sentenced to undergo RI for 20 years for the offence under Sections 5 (m), (n) & (p) punishable under Section 6 POCSO Act, along with a fine of Rs.5,000/- in default of payment of fine, appellant was sentenced to undergo simple imprisonment for 02 months. The appellants were also given the benefit of Section 428 CrPC.
2. The facts as noted by the Trial Court in the impugned judgement are extracted herein below:-
“In brief, as per the charge-sheet, on 22.09.2019, DD No. 22A was marked to HC Munde Tuka Ram and thereafter SI Kulbir
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.
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.
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 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.
The testimony of child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
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.
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