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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Rajesh – Appellant
Versus
State – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 374 (2) read with Section 383 of the Criminal Procedure Code, 1973 (the Cr.P.C.) the sole accused in Sessions Case No.787/2017 on the file of the Additional Sessions Judge (POCSO), Dwarka Courts, New Delhi, assails the judgement dated 20.07.2019 and order on sentence dated 23.07.2019, as per which he has been convicted and sentenced for the offence punishable under Section 6 read with 5 (l) & (n) of the Protection of Children from Sexual Offences Act, 2012, (the PoCSO Act).
2. The prosecution case is that during the period from April 2016 till the intervening night of 25.06.2017-26.06.2017 at D-32, Sewak Park, Dwarka Mor, Delhi, the accused repeatedly committed penetrative sexual assault on PW1, his daughter.
3. Based on Exhibit PW1/A FIS of PW1, dated 26.06.2017, Crime No.423/2017, Bindapur Police Station, that is Ext. PW11/A, FIR was registered by PW11, Head Constable (HC). PW18, Sub- Inspector conducted investigation into the crime and on completion of the same, filed the charge-sheet/ final report alleging commission of offences punishable under 376 and 506 of the Indian Penal Code, 1806 (the IPC ) and un
The court upheld the conviction for aggravated penetrative sexual assault emphasizing the gravity of offenses committed by a parent against their child, confirming the necessity of severe sentencing.
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
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 conviction under the PoCSO Act and IPC was upheld based on credible victim testimony and consistent medical evidence, highlighting the lack of substantial grounds for false implication.
The appellant's position of trust and authority over the child victim led to his conviction under Section 6 of the POCSO Act.
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
Point of Law : Hon'ble Supreme Court held that action of the accused in stripping prosecutrixes and himself and rubbing his genitals against those of the victims was indeed an endeavour to commit sex....
The main legal point established is the significance of the child's testimony in cases of sexual assault, the presumption under Section 29 of the POCSO Act, and the need for proper protection of the ....
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