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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Ashok Kumar@AK – Appellant
Versus
State – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. This appeal under Section 374 (2) the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in SC No. 561 of 2017 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012, (the PoCSO Act) Rohini Courts, Delhi, assailing the judgment dated 23.08.2022 as per which he has been convicted and sentenced for the offences punishable under Section 6 of the PoCSO Act and Section 376 (2) (f) and (i) of the Indian Penal Code, 1860 (the IPC ).
2. The prosecution case is that on 26.06.2017 at N-9A-33, Lal Bagh, Azadpur, New Delhi, the appellant/accused outraged the modesty and committed penetrative sexual assault on PW1, his minor stepdaughter.
2.1 On the basis of Ext. PW1/A FIS of PW1, given on 12.07.2017, Crime No. 273/2017, Adarsh Nagar Police Station, that is, Ext. P-1, FIS was registered by PW6, Woman Sub- Inspector (WSI). PW6 conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of the offences punishable under Section 376 IPC and Section 6 of the PoCSO Act.
3. When the accused was produced before the trial court, a
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.
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 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.
The central legal point established in the judgment is the interpretation and application of the definition of 'Aggravated Sexual Assault' under the POCSO Act, based on the evidence and legal provisi....
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 court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
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