Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

Delhi High Court Upholds Conviction In Child Sexual Assault Case - Victim's Statements Consistent And Corroborated By Her Mother's Account

07 May 2024 8:19 AM

By: Admin


In a significant verdict, the Delhi High Court, through Justice Amit Bansal, upheld the conviction and sentence of an appellant found guilty of offences under Sections 342/363/376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The judgment, delivered on August 14, 2023, follows an appeal challenging the lower court's decision to convict the appellant.

The case revolved around the alleged sexual assault of a minor girl, who was just four and a half years old at the time of the incident. The appellant was sentenced to rigorous imprisonment based on his conviction under the said sections and acts. The trial court had convicted the appellant after considering the victim's testimony, medical evidence, and corroborating statements.

The judgment highlighted the importance of evaluating evidence while not attaching undue importance to minor discrepancies. It emphasized the credibility and reliability of the victim's testimony, taking into account the age of the victim. The court underscored that the absence of injuries does not necessarily negate the commission of a penetrative sexual assault.

The appellant's defense argued against the credibility of the victim's statements, pointing out inconsistencies. However, the court found that the victim's statements were consistent across various instances and corroborated by her mother's account. The judgment also referenced the statutory presumption under Section 29 of the POCSO Act, which strengthened the prosecution's case.

The court dismissed the appellant's appeal, concluding that the conviction was valid and well-supported by the evidence presented. The judgment reaffirmed the court's commitment to protecting the rights of victims, particularly in cases involving sexual offences against children. It highlighted the significance of proper adjudication and evaluation of evidence in such cases.

This landmark judgment underlines the court's commitment to ensuring justice and safeguarding the rights of victims in cases of child sexual assault. It serves as a precedent for similar cases and reiterates the importance of meticulous evaluation of evidence while upholding the principles of fairness and justice.

Date of Decision: August 14, 2023

RANJEET KUMAR YADAV   vs STATE OF NCT OF DELHI

                

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/08/Ranjeet_Kumar_Yadav_vs_State_Of_Nct_Of_Delhi_on_14_August_2023_DelHC.pdf"]

Latest Legal News