Court dismisses appeal, validating the testimony of the minor victim and corroborating evidence despite defense's claims of discrepancies
In a significant ruling, the Delhi High Court has upheld the conviction of Ram Kuber, who was sentenced to 12 years of rigorous imprisonment under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The judgment was delivered by Justice Neena Bansal Krishna, who emphasized the reliability of the victim's testimony and the corroborative evidence presented during the trial.
The case involved the repeated sexual assault of a minor, who was 13 years old at the time of the incident. The prosecution's case was primarily based on the testimony of the victim, who described the repeated assaults by the appellant over a period of eight days. The defense had argued that the victim's testimony was unreliable due to her age and alleged tutoring, pointing to discrepancies in her statements.
However, the court found that the minor discrepancies in her statements did not undermine the core of the prosecution's case. The judgment highlighted that the testimony of the prosecutrix was consistent and reliable, further corroborated by witnesses including her maternal grandmother and aunt, as well as medical evidence.
The court also addressed the issue of the victim's age, confirming through school records and a birth certificate that she was indeed 13 years old at the time of the crime, thereby invoking the provisions of the POCSO Act. The defense's claims regarding the victim's age and a purported monetary dispute were dismissed due to lack of evidence.
Furthermore, the court noted the presumption of guilt under Section 29 of the POCSO Act, which places the burden on the accused to prove their innocence once the prosecution establishes a prima facie case. The judgment affirmed that the prosecution had successfully demonstrated the appellant's guilt beyond a reasonable doubt, despite the defense's arguments about a lack of DNA evidence linking the appellant to the crime, which was explained by the appellant's alleged use of a condom.
The High Court's decision reiterates the importance of handling testimonies in sexual assault cases with sensitivity and underscores the legal standards for corroborating evidence in such cases. The appellant's appeal was dismissed, and the original conviction and sentence by the Additional Sessions Judge were upheld.
Bottom Line:
Conviction of appellant under provisions of IPC and POCSO Act for repeated rape of a minor upheld by the court; testimony of prosecutrix considered reliable and corroborated by witnesses despite minor discrepancies.
Statutory provision(s): Indian Penal Code, 1860 Section 376(2), Section 506(II); Protection of Children from Sexual Offences (POCSO) Act, Section 5(1) punishable under Section 6, Indian Evidence Act, 1872 Section 6, POCSO Act, Section 29, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415, Section 528
Ram Kuber v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2833634
