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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Ajay Prasad – 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 Sessions Case No. 147/2014 on the file of the Additional Sessions Judge-01 (East), Karkardooma Court, Delhi assails the judgment dated 28.02.2017 and order on sentence dated 21.03.2017 as per which he has been convicted and sentenced for the offences punishable under Section 354A and 354D of the Indian Penal Code, 1860 (the IPC ) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).
2. The prosecution case, in brief, is that the appellant/accused repeatedly stalked and harassed PW2 for several months and, on 14.02.2014, abused and threatened her near her house. Hence, as per the final report/chargesheet, the accused is alleged to have committed the offences punishable under Sections 354A, 354D IPC and Section 12 of the PoCSO Act.
3. On the basis of Ext. PW2/A FIS of PW2, given on 14.02.2014, Crime No. 123/2014, Ghazipur Police Station, i.e., Ex. PW1/A FIR was registered by PW6, ASI. PW6 conducted investigation into the crime and on the completion of the same, filed the charge-sheet/final repo
The prosecution must prove its case beyond reasonable doubt; mere allegations and inconsistent testimonies do not suffice for a conviction.
The unshaken testimony of the victim and corroborating witnesses, lack of motive for false implication, and consistent evidence formed the basis for establishing the guilt of the appellant.
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 judgment reinforces the legal standards for proving stalking and sexual harassment, particularly in cases involving minors, emphasizing the credibility of victim testimony.
The prosecution's case can be established through circumstantial evidence and witness demeanor despite inconsistencies in testimonies regarding identification, affirming the conviction under relevant....
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
The court established that credible witness testimony is essential in sexual assault cases, particularly involving minors, and modified the sentence based on the nature of the crime and the age of th....
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
The court upheld the victim's credible testimony in sexual assault cases, emphasizing that delay in reporting does not inherently discredit reliable evidence.
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