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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Bhanu Pratap – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction based on facts of child assault (Para 1 , 2 , 3) |
| 2. arguments on credibility and registration delay (Para 4 , 5) |
| 3. legal standards for child witness testimony (Para 10 , 11 , 12 , 13) |
| 4. assessment of credibility in child testimonies (Para 14 , 15 , 17) |
| 5. application of presumption under pocso (Para 18 , 19) |
| 6. upholding of conviction and conclusion (Para 20 , 21 , 22) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 24.08.2017 and the order on sentence dated 31.08.2017 passed by the learned Additional Sessions Judge-01 (North- East), Special Court (POCSO Act), Karkardooma Courts, Delhi in SC No. 162/2016 arising out of FIR No. 480/2016 registered under Sections376/377/506 IPC and Section 6 POCSO at P.S. Khajuri Khas, Delhi.Vide the impugned judgment, the appellant was convicted for the offence punishable under Section 6 POCSO; and vide the impugned order on sentence, he was sentenced to undergo RI for 10 years alongwith fine of Rs.40,000/-, in default whereof he was directed to undergo SI for 3 months.The benefit of Section 428 Cr.P.C. was also given to the appellant.
2. The 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.
Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.
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....
Point of law: POCSO - Special Court may, in appropriate cases, on its own or on an application having been filed, pass an order for interim compensation for the immediate needs of the child.
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....
The testimony of a child witness can stand alone for conviction if credible and consistent, without necessitating corroboration.
The testimony of child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
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