Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Minor Discrepancies in Testimony Not Grounds for Discrediting, Asserts Delhi High Court Upholding Conviction in Child Sexual Assault Case

07 May 2024 8:19 AM

By: Admin


The Delhi High Court, in a significant judgment, upheld the conviction of Sonu Surender in a child sexual assault case, emphasizing that "minor discrepancies in testimony should not be grounds for discrediting a reliable prosecution case." Justice Amit Sharma, presiding over the case, reiterated the importance of evaluating the evidence in totality, particularly in cases involving child witnesses.

The case, filed under CRL.A. 359/2017 & CRL.M.(BAIL) 1540/2021, came for hearing after the appellant, Sonu Surender, challenged the judgment and sentence dated February 2, 2017, and February 3, 2017, respectively, by the Special Court (POCSO Act)/ASJ-01, North East, Karkardooma Courts, New Delhi. He was convicted under Sections 376 (2) (i) and 376 (2) (n), 506(II) of the IPC and Section 6 of the POCSO Act for sexually assaulting a 10-year-old girl.

Justice Sharma, in his judgment, observed, "The victim was the main key witness in the instant case and had been a sterling witness." Despite some improvements in her statements, the court found her testimony consistent and corroborated by her mother and brother, as well as by medical evidence.

The appellant's defense, claiming false implication due to a financial dispute with the victim's mother, was not accepted by the court due to a lack of supporting evidence. "The appellant has failed to provide any satisfactory explanation to the incriminating evidence put to him," noted Justice Sharma.

Referring to various precedents, the court highlighted the importance of the careful assessment of child witnesses' testimonies, stating, "It is a settled law that the statement of a witness has to be considered in totality after taking into consideration the age, social and economic background, nature of the offence, and the strata to which the witness belongs."

The court upheld the trial court's sentence, awarding the appellant rigorous imprisonment for 10 years and a fine of ₹2,000. In case of default in payment of the fine, the appellant would face an additional month of simple imprisonment.

Date of Decision: 02nd February, 2024

SONU SURENDER VS THE STATE NCT OF DELHI

Latest Legal News