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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA, J
MADHU SHUDHAN DUTTO – Appellant
Versus
STATE GOVT. OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. trial court proceedings and charges formed. (Para 1 , 2 , 3 , 4) |
| 2. contradictions in witness statements raised. (Para 8 , 9 , 10) |
| 3. victim's account of the incident. (Para 12 , 13 , 14 , 15) |
| 4. legal definitions and evidentiary standards. (Para 18 , 20 , 28) |
| 5. findings on penetrative sexual assault. (Para 36 , 37 , 38) |
| 6. conclusion on sentencing and compensation. (Para 40 , 41) |
JUDGMENT
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 415(2) read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 , the appellant, the sole accused in SC No. 2685 of 2016 on the file of the Special Court under the Protection of Children from Sexual Offences Act, 2012 , Saket Courts, Delhi, assails the judgment dated 17.01.2025 as per which he has been convicted and sentenced for the offences punishable under Section 6 of the PoCSO Act and Section 342 of the Indian Penal Code, 1860 .( IPC )
2. The prosecution case is that on 28.06.2016 at about 03:45 PM at A-215, V.P. Singh Camp Railway Colony, Tuglakabad, New Delhi, the appellant/accused wrongfully confined PW1, the daughter of PW7, a minor girl aged about 9 years, in his clinic and committed aggravated pene
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