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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Babu Yamin – Appellant
Versus
State – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 374 (2) of the Criminal Procedure Code, 1973, (the CrPC) the sole accused in SC No. 153 of 2013 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act), Patiala House Courts, New Delhi, assails the conviction and the sentence imposed upon him for the offence punishable under Section 10 of the PoCSO Act.
2. The prosecution case is that on 08.09.2013 at about 4:30 PM, the accused committed aggravated sexual assault on PW4, a minor aged about 3 years, at RZ-224/6, Gali No. 4, J Block, West Sagarapur, New Delhi by removing the victim’s under-garment and holding her tightly. Thus, as per the Charge sheet/final report, the accused was alleged to have committed the offences punishable under Sections 354 , 354D IPC and Sections 8 , 9 (m) read with section 10 of the PoCSO Act.
3. On the basis of Ext. PW3/A FIS of PW7, given on 08.09.2013, Crime no. 179/2013, Sagarpur Police station, that is, Ext. PW7/B FIR was registered by PW7Assistant Sub-Inspector (ASI). PW9 conducted investigation into the crime and on completion of the same filed the charge-sheet/final repo
A victim's credible testimony is sufficient for conviction in sexual assault cases, affirming the standard that corroboration is not mandatory when the victim's account is trustworthy.
The conviction under the PoCSO Act and IPC was upheld based on credible victim testimony and consistent medical evidence, highlighting the lack of substantial grounds for false implication.
The conviction under the POCSO Act was upheld amidst witness discrepancies, highlighting the importance of victim's consistent testimony; sentence was modified to five years for proportionality based....
The court confirmed convictions under the POCSO Act and SC/ST (POA) Act for aggravated sexual assault on a minor, while acquitting the accused of IPC Section 504 due to insufficient evidence of provo....
The court established that evidence of aggravated sexual assault on a minor under POCSO Act justified conviction, emphasizing the presumption of guilt unless rebutted, while excluding IPC Section 504....
The court upheld the conviction for aggravated penetrative sexual assault emphasizing the gravity of offenses committed by a parent against their child, confirming the necessity of severe sentencing.
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