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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Rajesh – Appellant
Versus
State 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. 118/2014 on the file of the Additional Sessions Judge-01, North-West District, Rohini Courts, Delhi, assails the judgment dated 30.04.2016 and the order on sentence dated 03.05.2016 as per which he has been convicted and sentenced for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 (the IPC ) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).
2. The prosecution case is that the appellant/accused about 8 to 9 months before 30.04.2014, kidnapped PW10, a minor aged 15 years from the lawful guardianship of her mother (PW11), took her to the juggi of his mami, at P-1, Sultanpuri, Delhi, knowing that she may be forced or seduced to illicit intercourse and thereafter repeatedly committed aggravated penetrative sexual assault on her. As per the chargesheet/ final report, the accused was alleged to have committed the offences punishable under Section 363 , 366, 376 IPC and Section 6 of the PoCSO Act.
3. On the basis of Exhibit PW10/A FIS of PW10, given on 01
A conviction for sexual assault cannot be upheld where the victim's testimony contains material inconsistencies, suggesting a consensual relationship rather than coercion.
The court affirmed that consent of a minor is irrelevant in rape cases, reinforcing statutory protections and addressing evidential credibility.
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....
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 burden of proof lies with the prosecution, and statutory presumptions do not relieve the prosecution from proving its case. Witness testimonies and evidence must be conclusive to establish guilt.
The court affirms that minor victims' testimonies can be solely relied upon in sexual offence cases, provided they are credible, and clarifies that penetration into external genitalia suffices to con....
The court clarified that in cases of child sexual abuse, the definitions under the PoCSO Act take precedence, and dual sentencing under IPC and PoCSO Act is not permissible when one provides a greate....
Rape – Consent of minor has no legal sanctity.
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