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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, RAVINDER DUDEJA
Vikas – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments presented by the appellant's counsel (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. arguments presented by the state's app and victim's counsel (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. court's observations on witness credibility (Para 30 , 31 , 32 , 33 , 34 , 35 , 37) |
| 5. court’s examination of the appellant's plea and implications (Para 39 , 40 , 41 , 42 , 43 , 44) |
| 6. court's ruling on conviction and sentencing (Para 60 , 61 , 62 , 66 , 67) |
| 7. conclusion and final orders (Para 70 , 71 , 72 , 73) |
JUDGMENT :
NAVIN CHAWLA, J.
1. The appellant has approached this Court by way of the present appeal, assailing the Order dated 27.09.2021 passed by the learned Additional Sessions Judge-04 (POCSO), South District, Saket Courts Complex, New Delhi (hereinafter referred to as the 'Trial Court') in Sessions Case No. 127/2019, titledState v. Vikas, arising out of FIR No. 564/2018, registered at Police Station Sangam Vihar, Delhi, under Sections 376AB and 342 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ') and Section 6 of the Protection of Children
Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years'....
The testimony of a child victim is sufficient for conviction in sexual assault cases if credible, even amidst minor discrepancies and delays in FIR filing.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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