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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri
X – Appellant
Versus
State (NCTD) – Respondent
| Table of Content |
|---|
| 1. initial factual background of the case. (Para 2 , 3 , 4) |
| 2. arguments presented by parties. (Para 5 , 6) |
| 3. testimonial evidence of child victim and mother. (Para 7 , 8) |
| 4. medical examination and forensic evidence. (Para 10 , 11) |
| 5. analysis of evidence and legal standards. (Para 13 , 14 , 15) |
| 6. application of presumption under pocso act. (Para 17 , 18 , 19) |
| 7. final decision and order of the court. (Para 20 , 21 , 22 , 23) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
CRL. M(B) 1255/2024
1. With the consent of parties, the appeal itself is taken up for hearing.
2. In view of the above, the present application becomes infructuous and is disposed of as such.
CRL.A. 664/2024
1. By way of the present appeal, the appellant (father of child victim) seeks to assail the judgement of conviction dated 25.09.2023 in Session Case No.816/2017, vide which he has been convicted Sections 376 (2)(f) & (n)/377 of IPC and Section 6 of POCSO Act. Vide order on sentence dated 01.03.2024, he was directed to undergo rigorous imprisonment for a period of 10 years for the offence punishable under Section 6 of POCSO Act alongwith payment of fine of Rs.1,000/-, in default whereof he was directed to further underg
The court upheld the conviction under POCSO Act based on corroborative medical evidence, maintaining that hostility of witnesses does not nullify the prosecution's case when foundational facts are es....
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
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....
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
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.
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 emphasized that the clear testimony of the child victim, supported by corroborative medical and DNA evidence, suffices to establish the appellant's guilt under the POCSO Act.
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 upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
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