CRL.L.P. 418/2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 07.12.2018

CRL.L.P. 418/2018

STATE (GNCT OF DELHI)

..... Appellant

Versus

VICKY @ KARAN & ANR.

..... Respondents

Advocates who appeared in this case:

For the Petitioner

: Mr. Ravi Nayak, APP with Insp. Satya Pal Singh with SI

Sanju Rai, PS Bharat Nagar

For the Respondents

: Ms. Aishwarya Rao, Advocate for R-1

Mr. Manu Sharma, Mr. Kartik Khanna and Mr. Vijay Singh,

Advocates for R-2

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

J U D G M E N T

SIDDHARTH MRIDUL, J (ORAL)

1. There can be no manner of doubt that a conviction for

committing penetrative sexual assault can be sustained on

CRL.L.P. 418/2018

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the sole testimony of the prosecutrix. [Ref: Boby vs. State,

Crl.A 1119/2014; Vishnu (alias) Undrya vs. State of

Maharashtra reported as (2006) 1 SCC 283; State of M.P

vs. Dayal Sahu , reported as (2005) 8 SCC 122)]. However,

it is equally well established that, the testimony of the

prosecutrix must be creditworthy and inspire confidence.

2. The State has instituted the present petition seeking grant of

leave to assail the judgment dated