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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
State Through Secretary GNCT of Delhi – Appellant
Versus
Ashok, S/o Sh. Nanak Chand – Respondent
| Table of Content |
|---|
| 1. incident reporting and witness identification (Para 2 , 3 , 4 , 6) |
| 2. accused's denial and defense testimony (Para 7 , 8 , 14 , 15) |
| 3. prosecution's arguments on credibility (Para 9 , 10 , 11 , 12) |
| 4. variations in victim's statements (Para 18 , 19 , 20 , 22 , 26) |
| 5. benefit of doubt in criminal trial (Para 42 , 43) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Appeal under Section 378 (1) Cr.P.C. has been filed to challenge the Order of acquittal dated 20.08.2016 passed by the Learned Additional Sessions Judge in FIR No.1180/2015 under Section 354 Indian Penal Code, 1860 and Section 10 Protection of Children from Sexual Offences Act, 2012(POCSO Act).
2. The brief facts are that on 09.12.2015, information was received about assault of a nine years old girl by her neighbour. An inquiry was initiated during which SI Pramod Kumar along with Ct. Vinay went to the house of the prosecutrix where he met the child with her Aunt (Ms.V). It was found that the alleged accused was in the house which was in the neighbourhood and was in a drunken condition. The IO along with the prosecutrix and her Aunt went to the house of the accused where they met him and he was recognized by the prosecut
The standard of proof in criminal cases requires clear and consistent evidence, particularly when victim testimony shows major contradictions, which may create reasonable doubt about the credibility ....
Minor discrepancies in victim testimony do not undermine the credibility of sexual assault claims under POCSO; conviction can still be upheld based on consistent evidence.
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 presumption of guilt in sexual offences under the POCSO Act requires foundational facts to be established by credible evidence, and doubts must favor the accused.
The conviction under Section 6 of the POCSO Act was overturned due to procedural violations, illustrating the necessity of adhering to legal protocols in sexual assault cases involving minors.
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
The determination of the age of the prosecutrix, credibility of testimonies, and the presumption of a culpable mental state on the part of the accused in cases under the POCSO Act.
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
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