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NIDHI GUPTA
Pawan Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Ms. Nidhi Gupta, J.
CRM-30626-2019
This is an application under Section 5 of Limitation Act read with Section 482 Cr.P.C. for condonation of delay of 155 days in filing the appeal.
After going through the contents of the application, the same is allowed subject to all just exceptions and delay of 155 days in filing the present appeal is condoned.
Main Case
Present appeal has been filed against judgment and order of sentence dated 22.02.2019 passed by learned Sessions Judge, Faridabad, in case FIR No.877 dated 24.09.2017registered under Sections 376, 506, IPC and Section 6 of the POCSO Act at P.S. Saran, District Faridabad, whereby the appellant has been convicted as follows:-
| Offence under which convict has been sentenced | Period of imprisonment | Amount of fine imposed | Imprisonment in default of payment of line |
| 506 IPC | Rigorous imprisonment for 1 year | Rs. 1,000/- | Rigorous imprisonment for one month. |
| 8 POCSO Act | Rigorous imprisonment for 5 years | Rs. 5,000/- | Rigorous imprisonment for three months. |
2. Learned counsel for the appellant inter alia submits that the occurrence is alleged to have taken place on 18.09.2017. Six days later on 24.09.2017, a c
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.
The conviction of the appellant was quashed due to insufficient and inconsistent evidence, demonstrating the necessity for reliable testimonies in criminal cases, especially under sexual offence laws....
The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account d....
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
The Court established that minor contradictions in a victim's testimony should not discredit credible evidence in a rape case; corroboration is not mandatory if the victim's evidence inspires confide....
Conviction for rape can rely solely on the prosecutrix's credible testimony, with proper explanation of FIR delay not undermining the prosecution’s case.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
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