CRL.L.P.589/2018

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#J-2

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Reserved On: 11.03.2019

Judgment Delivered On: 29.04.2019

CRL.L.P 589/2018

STATE (NCT OF DELHI)

...... Petitioner

versus

JITENDER SHARMA

...... Respondent

Advocates who appeared in this case:

For the Petitioner

: Mr. Ravi Nayak, APP with SI Sandeep, PS- Begumpur, Inspector

Suman Kumari, Community Policing Cell, Outer District

For the Respondent

: Mr. Manu Sharma, Ms. Mahima Wahi and Mr. Kartik Khanna,

Advocates

CORAM:

HON’BLE MR. JUSTICE SIDDHARTH MRIDUL

HON’BLE MR. JUSTICE MANOJ KUMAR OHRI

J U D G M E N T

SIDDHARTH MRIDUL, J.

1.

There can be no manner of doubt that a conviction for committing

penetrative sexual assault can be sustained on the sole testimony of the

prosecutrix. [Ref: State (GNCT Of Delhi) vs. Vicky @ Karan & Anr.

reported as 2019 (1) JCC 322; State (GNCT Of Delhi) vs. Kuldeep @ Kallu

CRL.L.P.589/2018

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& Anr. reported as 2019 (1) JCC 298 (Del); 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