Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri
Harvinder @ Arvind – Appellant
Versus
State Of Nct Of Delhi – Respondent
| Table of Content |
|---|
| 1. filing of appeal under crpc for conviction. (Para 1 , 2) |
| 2. details of the fir and prosecutrix's complaint. (Para 3 , 4 , 8) |
| 3. arguments against trial court's reliance on evidence. (Para 5 , 6) |
| 4. prosecution's rebuttal and prosecution witness credibility. (Para 7 , 9 , 10) |
| 5. re-examination of witness and procedural aspects. (Para 11) |
| 6. credibility and reliability of the prosecutrix's testimony. (Para 12) |
| 7. legal precedent on hostile witness evidence. (Para 13 , 16) |
| 8. inconsistencies in testimonies of prosecutrix and father. (Para 14 , 15) |
| 9. reliability of fsl report and evidentiary standards. (Para 17) |
| 10. final verdict and dismissal of appeal. (Para 18 , 19 , 20) |
JUDGMENT :
Manoj Kumar Ohri, J.
1. The present appeal has been filed under Section 374 of CrPC against the judgment of conviction dated 24.11.2022 and order on sentence dated 17.01.2023 in Session Case No.56489/2016 arising out of FIR No. 01/2015 registered under Section 376 /34 IPC at P.S. Ranhola, Delhi.
Vide the impugned judgement, appellants stand for the offence punishable under Section 376D/120B IPC and vide order on sentence, the appellants were sentenced to undergo RI for 20 years for the offence unde
The conviction for rape can be upheld even with witness inconsistencies if corroborative evidence, including forensic reports, offers comprehensive support.
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
Acquittal in rape case upheld where prosecutrix turns hostile, denies force, disputes age records claiming majority, rendering testimony unreliable amid contradictions; prosecution fails beyond reaso....
The prosecution must prove guilt beyond reasonable doubt; inconsistencies and lack of corroborative evidence led to the acquittal of the accused.
The prosecution's case can stand on the testimony of the victim alone, supported by corroboration, despite minor contradictions. Delays in reporting aren't fatal if reasonably explained.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
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
