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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Mukesh Puri – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
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| 1. conviction stemming from the child victim's credible testimony. (Para 1) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 11.05.2023 and the order on sentence dated 22.07.2023, passed by the learned Additional Sessions Judge-01, POCSO, Dwarka Courts, New Delhi, in SC No. 650/2017 arising out of FIR No. 661/2017 registered under Sections 10 and 9(m) POCSO at P.S. Bindapur, Delhi.
Vide the aforesaid judgment and order on sentence, the appellant was convicted under Section 10 read with Section 9 (m) POCSO and sentenced to undergo rigorous imprisonment for a period of 5 years along with a fine of Rs.30,000/-, in default whereof he was directed to further undergo simple imprisonment for a period of 30 days. Benefit under Section 428 Cr.P.C. was extended to the appellant.
2. The prosecution’s case in a nutshell is that on 06.09.2017, the 5-year- old child victim, accompanied by her 8-year-old cousin, went to a photo studio to collect photographs, and while at the studio, the appellant called the child victim over, unzipped his pants, and forced her to touch his private parts. Distressed, the chil
The burden of proof for an alibi lies with the defendant, and discrepancies in child witness testimonies do not undermine the conviction as long as evidence remains credible.
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
The sufficiency of the testimony of a child witness in convicting an accused and the need for careful evaluation of the testimony, emphasizing the reliability of the witness.
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.
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.
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 child victims can solely support conviction if deemed credible, even without corroboration, as long as minor inconsistencies are not material.
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