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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Armaan Alam – 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 07.12.2024 and order on sentence dated 31.01.2025 [hereafter 'impugned judgment and order‘], passed by the learned Additional Sessions Judge (FTSC)(POCSO)-02, West, Tis Hazari Courts, Delhi [hereafter 'Trial Court‘] in Sessions Case No. 111/2020, arising out of FIR No. 841/2019, registered at Police Station Nihal Vihar, Delhi for the commission of offence punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‘].
FACTUAL BACKGROUND
2. Pithily put, the facts of the present case are that on 16.12.2019 at about 05:00 PM, the victim child, aged about 14 years, had gone to a nearby shop to buy eatables, when she had allegedly been inappropriately touched on her chest by the accused, who had been standing outside the said shop. The victim had returned home without buying anything and had narrated the incident to her mother. Her mother had immediately gone to the shop and confronted the accused; however, he had entered into an argument with her and had left the spot thereafter. The mother of the victim child had then
Conviction under POCSO upheld based on established victim age and credible testimonies despite appellant's inconsistencies.
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....
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
The court emphasized the reliability of the victim's testimony while clarifying that mere sexual assault does not meet the threshold for aggravated charges under POCSO, which necessitates proof of pe....
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
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 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....
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