High Court of Delhi

Ishwer Soni vs. The State (Govt Of Nct Of Delhi)

MANU/DE/1921/2020

23.10.2020

Criminal

In rape cases, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix, if cogent and reliable

The present appeal is preferred under Section 374 of Code of Criminal Procedure, 1973 (CrPC) on behalf of the Appellant challenging the judgment and order arising out of FIR registered under Section 376 of Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) whereby the Appellant was convicted for the offence punishable under Section 366A IPC and Section 6 of the POCSO Act.

It is well settled that, in a case of rape, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix provided it is cogent and reliable. So far as testimony of a child witness is concerned, it has to be evaluated even more carefully as the same is susceptible to tutoring.

The trial Court, before recording the testimony of the child victim, recorded its satisfaction as to her maturity & competency for understanding the questions and giving their answers. Accordingly, present Court, in absence of submissions to the contrary, concurs with the opinion of the trial Court that the child victim was competent to stand as a witness. The Appellant did not dispute his identity. He was named in the FIR itself. The child victim during her testimony identified the Appellant as the accused person. She also deposed that the Appellant was known to her as he used to live in the same building where her Nani used to live and the victim used to address him as Mama (uncle). There is no delay in reporting the incident.

The child victim has consistently stated about the incident in all of her statements. Her evidence is trustworthy, reliable and also admissible. The appellant has failed to dislodge the statutory presumption under Sections 29 & 30 of the POCSO Act. The judgment of the trial court is upheld. Appeal dismissed.

Tags : Conviction Evidence Credibility

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