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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Shambhu Kumar Rai – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. details of the charges and trial process. (Para 1 , 2 , 3 , 4 , 5) |
| 2. accused's plea of innocence. (Para 6) |
| 3. non-compliance of procedural law. (Para 7) |
| 4. prosecution's reliance on scientific evidence. (Para 8 , 9) |
| 5. witness testimonies and contradictions. (Para 13 , 14) |
| 6. validity of scientific evidence in absence of corroboration. (Para 15 , 16 , 17) |
| 7. caution in relying solely on expert opinions. (Para 18 , 19 , 20) |
| 8. outcome of appeal and acquittal. (Para 21 , 22) |
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in SC No. 27987 of 2016 on the file of the Additional Sessions Judge, Tis Hazari Courts, Delhi, assailing the judgment dated 10.08.2018 as per which he has been convicted and sentenced for the offences punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (PoCSO) and Section 376 (2) (i) of the Indian Penal Code, 1860 (the IPC ).
2. The prosecution case is that the accused on 19.11.2014, kidnapped PW3, a minor girl aged 16 years out of the keeping of her lawful guardianship and in the intervening night of 19.1
Conviction requires corroborative testimonies; reliance solely on scientific evidence is inadequate if key witnesses turn hostile.
DNA report deserves to be accepted unless it is absolutely dented and for non-acceptance of the same, it is to be established that there had been no quality control or quality assurance. If the sampl....
The court established that the testimony of a minor victim can serve as the sole basis for conviction in sexual assault cases when credible and corroborated by medical evidence.
The court affirmed that the sole testimony of a child victim can suffice for conviction in sexual assault cases if found credible, despite minor inconsistencies in other testimonies.
The central legal point established in the judgment is the requirement for the prosecution to establish the victim's age beyond all reasonable doubt and the reliability of the victim's testimony in c....
(1) Rape – DNA evidence must be considered alongside corroborative circumstances and cannot form the sole basis of conviction – Torn hymen, in isolation, cannot be treated as conclusive evidence of s....
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 sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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