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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJAY – Appellant
Versus
STATE (GNCT) OF DELHI – Respondent
| Table of Content |
|---|
| 1. appeal against conviction and sentencing (Para 1 , 2 , 3 , 4) |
| 2. details of prosecution case and charges (Para 5 , 6 , 7 , 8) |
| 3. trial court's consideration of evidence (Para 9) |
| 4. appellant's arguments against conviction (Para 10 , 11 , 12 , 13) |
| 5. overview of appellate jurisdiction (Para 14 , 15 , 16) |
| 6. testimony of child victim and evidentiary standards (Para 18 , 19 , 20) |
| 7. reliability of child witness testimony (Para 22 , 23 , 24) |
| 8. evaluation of discrepancies in testimony (Para 25 , 26 , 27) |
| 9. defence arguments and burden of proof (Para 28 , 29 , 30) |
| 10. proportionality of sentence (Para 31) |
| 11. conclusion and dismissal of appeal (Para 32 , 33) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present appeal has been filed challenging the judgment on conviction dated 27.01.2023 (hereafter ‘the impugned judgment’) and order on sentence dated 11.04.2023 (hereafter ‘the impugned order on sentence’), passed by the learned Additional Sessions Judge, Dwarka Courts, New Delhi, in SC No. 440994/16 arising out of FIR No. 175/2014, registered at Police Station Dwarka North.
2. The learned Trial Court by the impugned judgment has convicted the appellant for offence under Section 6 of the Prot
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
The victim's testimony in sexual assault cases is vital and can suffice for conviction without corroboration, provided it is credible.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
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