Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Ram Jatan Yadav@Ram Jattan Yadav – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. trial court findings and initial arguments. (Para 6 , 9) |
| 3. arguments regarding delay and credibility. (Para 10 , 11 , 19) |
| 4. victim's testimony and corroborative evidence. (Para 14 , 15 , 16) |
| 5. legal standards for conviction in sexual assault cases. (Para 21) |
| 6. final decision of dismissal of the appeal. (Para 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 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 al
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.
Inconsistent testimonies and unexplained delays in filing complaints undermine the credibility of charges in sexual assault cases.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
