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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Hiran – Appellant
Versus
State Govt Of NCT Delhi – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J
1. The appellant Hiran has approached this Court by way of this appeal, setting aside of the judgment dated 30.09.2024 [hereafter "impugned judgment‟] and order on sentence dated 26.10.2024 [hereafter "impugned order on sentence‟] passed by learned Additional Sessions Judge-01(POCSO), North-West, Rohini Courts, Delhi [hereafter "Trial Court‟] in SC No. 334/22 arising out of FIR bearing no. 213/2022, registered on 18.02.2022 at Police Station Ashok Vihar, Delhi, whereby he has been convicted for commission of offence punishable under Sections 363/376(3) of the Indian Penal Code, 1860 [hereafter "IPC‟] and Section 4 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‟].
FACTUAL BACKGROUND
2. The gravamen of the prosecution case is that on 18.02.2022, the complainant "P‟ lodged a missing report regarding her daughter (victim) "N‟, aged about 13 years, stating that on 16.02.2022 at about 9:00 AM, she had left for work and, upon returning home around 2:00 PM, she found her daughter missing. On her complaint, the present FIR was registered, initially for the offence under Section 363 of the IPC. However, on 19.02.2022, the com
The court confirmed conviction for kidnapping and sexual assault under IPC and POCSO Act, emphasizing victim testimony's reliability and the statutory presumption of guilt established by the prosecut....
Conviction under POCSO upheld based on established victim age and credible testimonies despite appellant's inconsistencies.
The court affirmed that repeated sexual intercourse with a minor under 18 years constitutes an aggravated offense under Section 6 of the POCSO Act, irrespective of consent claims, establishing the ac....
The burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
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.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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