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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Ram Jatan Yadav@Ram Jattan Yadav – Appellant
Versus
State – Respondent
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 Sessions Case No. 28241/2016 on the file of Additional Session Judge-05, (Central), Tis Hazari, Delhi, assailing the judgment dated 14.12.2017 and order on sentence dated 18.12.2017 as per which he has been convicted and sentenced for the offences punishable under Sections 341 of the Indian Penal Code, 1860 (the IPC ) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO).
2. The prosecution case is that on 29.07.2015, at about 9:45 PM, while PW2 was returning home from her maternal grandmother’s house, the accused wrongfully restrained her, sexually assaulted and criminally intimidated her. It was also alleged that for about six months prior to the incident, the accused had been stalking and harassing PW2. Hence, as per the charge sheet/final report, the accused was alleged to have committed the offences punishable under Section 341 , 354D IPC and Section 8 PoCSO Act.
3. On the basis of Ext. PW2/A FIS of PW2, given on 31.07.2015, Crime No. 301 of 2015, Civil Lines Police Station
The sole testimony of a minor victim in sexual assault cases can support a conviction if credible, with delays in FIR filing due to fear not undermining the prosecution's case.
The prosecution must prove its case beyond reasonable doubt; mere allegations and inconsistent testimonies do not suffice for a conviction.
The delay in lodging the FIR due to pandemic restrictions does not undermine the prosecution's case, and the evidence of child witnesses is credible despite minor discrepancies.
The court emphasized the necessity of reliable and consistent testimony in sexual assault cases, ruling that the prosecution failed to prove charges beyond reasonable doubt due to contradictions and ....
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
The main legal point established in the judgment is the reliance on victim testimony, medical evidence, and witness statements to establish guilt, along with the consideration of the absence of delib....
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