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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI
Amit Kumar @ Ninnu – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. The present appeal has been preferred assailing the judgment of conviction dated 31.01.2020 and the order on sentence dated 04.02.2020 passed by the learned Special Judge (POCSO Act)/ASJ-05 (Central), Tis Hazari Courts, Delhi, in Sessions Case No. 628/2017 arising out of FIR No. 172/2017 registered at P.S. Kamla Market. By way of the impugned judgment, the appellant was convicted for the offences punishable under Section 6 POCSO and Sections 376 /506 IPC . He was, however, acquitted of the offence under Section 366 .
Vide the impugned order on sentence, the appellant was sentenced to undergo RI for a period of 15 years along with payment of fine of Rs.5,000/- in default whereof he would undergo SI for 6 months, for the offence punishable under Section 6 POCSO. Additionally, the appellant was sentenced to undergo RI for a period of 2 years along with payment of fine of Rs. 2,000/- in default whereof he would undergo SI for 6 months, for the offence punishable under Section 506 IPC . Both sentences were directed to run concurrently and the benefit under Section 428 Cr.P.C. was extended to the appellant.
2. The case of the prosecution, as culled out
The court affirmed that a child's credible testimony, corroborated by medical evidence and the POCSO Act's presumption of guilt, ensures conviction for aggravated sexual assault.
The court upheld the conviction under POCSO Act based on the reliable testimony of the child victim, emphasizing that such testimony can alone sustain a conviction.
Crime against women and Children - Modesty - Conviction confirmed - It is well settled that in a case of rape, finding of guilt can be recorded even on basis of uncorroborated testimony of prosecutri....
Victim testimony and forensic evidence can sustain conviction under sexual offence laws.
Victim testimony in sexual assault cases is compelling without needing corroboration if credible.
Point of law: POCSO - Special Court may, in appropriate cases, on its own or on an application having been filed, pass an order for interim compensation for the immediate needs of the child.
Conviction upheld based on consistent and reliable testimony of child victim, establishing guilt under POCSO Act despite absence of severe injuries; presumption of guilt applies once foundational fac....
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The court reaffirmed that convictions under both IPC and POCSO must adhere to statutory directives, favoring the harsher penalties under the POCSO Act when the offenses overlap.
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