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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Faisal – Appellant
Versus
State Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. jurisdiction and legal basis for appeal (Para 1 , 2) |
| 2. arguments related to witness reliability (Para 4 , 5) |
| 3. evaluation of child witness testimony (Para 6 , 8 , 9 , 10 , 11) |
| 4. final affirmation of trial court's credibility assessment (Para 12) |
| 5. dismissal of appeal and upholding of conviction (Para 13) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present appeal filed under Section 415(2) r/w Section 424 of BNSS, 2023 has been instituted seeking to assail judgment dated 24.02.2024 and order of sentence dated 09.05.2024 in Sessions Case No. 265/2021 arising out of FIR No. 50/2021 registered under Sections 376/506 IPC & Section 6 POCSO Act at P.S. Keshav Puram , Delhi.
Vide the impugned judgment and order on sentence, the appellant was convicted for the offences punishable under Sections 5 (j)(ii) &(l) punishable under Section 6 of the POCSO Act and for the offences under Sections 376(2)(n)/376(3)/506 IPC and he was sentenced to undergo rigorous imprisonment RI for 20 years in addition to the payment of fine of Rs.5,000/- and in default of payment of fine, he was directed to undergo simple imprisonment for 1 month for each of the above mentioned convictions. Additionally,
The testimony of a child witness can stand alone for conviction if credible and consistent, without necessitating corroboration.
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
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.
A child victim's testimony can warrant conviction without corroboration if found credible, as supported by medical evidence.
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 and forensic evidence can sustain conviction under sexual offence laws.
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....
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