IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Mukesh Singhal – Appellant
Versus
State (Nct Of Delhi) – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 374 of the Code of Criminal Procedure. 1973 (the Cr.P.C), the sole accused in SC No. 89/2010 on the file of the Additional Sessions Judge, Tis Hazari Court, Delhi, assails the judgment dated 28.01.2016 and order on sentence dated 30.01.2016 as per which he has been convicted and sentenced for the offences punishable under Sections363, 506 Part II and 376 of the Indian Penal Code, 1860 (the IPC ).
2. The prosecution case is that on 04.08.2010 at about 4:15 PM outside Bharti College, Janakpuri, New Delhi the appellant/accused forcibly pulled PW1, inside his car and threatened to kill her if she raised an alarm. Thereafter, the accused raped her inside the car.
3. On the basis of Ext. PW1/A FIS of PW1, given on 04.08.2010, crime no. 248/2010, Moti Nagar Police station, that is, Ext. PW6/A was registered by PW6 Sub-Inspector. PW14, Sub- Inspector conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of the offences punishable under Sections 363 , 506 and 376 IPC .
4. When the accused was produced before the trial court, all the copies of the pro
The court affirmed that consent of a minor is irrelevant in rape cases, reinforcing statutory protections and addressing evidential credibility.
Kidnapping and rape – Reliance on emotional state of victim as a proxy for corroboration of allegations would be both legally unsound and procedurally inappropriate.
A conviction for sexual assault cannot be upheld where the victim's testimony contains material inconsistencies, suggesting a consensual relationship rather than coercion.
The conviction for rape under Section 376 IPC was overturned due to insufficient evidence of lack of consent and significant doubts raised by the circumstantial evidence.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.
The conviction in sexual assault cases can be based solely on the victim's reliable testimony, irrespective of physical injury evidence.
The main legal point established in the judgment is that while the evidence supported the conviction for kidnapping, it was insufficient to establish the allegations of rape and sexual assault due to....
The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act....
Consent of a minor is immaterial in cases of rape; a child's marital status does not absolve the accused of legal liability for sexual offenses.
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