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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Satish – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. By way of the present appeal, the appellant seeks setting aside of the judgment dated 30.05.2024 [hereafter "impugned judgment‟] and order on sentence dated 16.01.2025 [hereafter "impugned order on sentence‟], passed by the learned Additional Sessions Judge (FTSC) (POCSO)-03, South-West District, Dwarka Courts, Delhi [hereafter "Trial Court‟] in Sessions Case No. 540/17, arising out of FIR bearing no. 233/2017, registered on 10.08.2017 at Police Station Najafgarh, Delhi for the commission of offence punishable under Section 376 of the Indian Penal Code, 1860 [hereafter "IPC‟] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‟].
FACTUAL BACKGROUND
2. Briefly stated, the facts of the present case are that on 10.08.2017, child victim "S‟ had written a letter to her school teacher regarding her sexual exploitation by her uncle (fufa) from the last 4 years and sought help of her teacher to save her. In the said letter, she mentioned that her uncle would regularly do bad things to her and had been doing so continuously for the past four years. He used to threaten her by saying that if she told anyone, both
The court reaffirmed that convictions under both IPC and POCSO must adhere to statutory directives, favoring the harsher penalties under the POCSO Act when the offenses overlap.
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.
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 affirmed conviction under the POCSO Act for aggravated penetrative sexual assault based on corroborative medical evidence despite minor inconsistencies in the victim's testimony.
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.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
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