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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Ajay Prasad – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of the case and prosecution's charges. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's observation on compliance of trial procedures. (Para 7 , 12 , 13) |
| 3. legal arguments regarding credibility of witnesses and evidence. (Para 10 , 11) |
| 4. court's critique on witness testimony and inconsistencies. (Para 18 , 20) |
| 5. analysis of legal criteria for the charged offences. (Para 21 , 22 , 27) |
| 6. conclusion: appeal allowed and acquittal ordered. (Para 28 , 29) |
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
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.
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