Podcast
Questions and Answers
What was the outcome of the appeal against the conviction under the POCSO Act?
What was the age of the victim at the time of the incident?
Under which section of the Indian Penal Code was the accused convicted?
Why did the court consider the delay in filing the FIR as justifiable?
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What was the medical report's conclusion regarding the possibility of sexual intercourse?
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What was the outcome of the court's evaluation of the victim's testimony?
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Which of the following was NOT a factor considered by the court in justifying the delay in filing the FIR?
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What was the frequency of the sexual assault committed by the accused?
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What was the significance of the case of Narinder Kumar vs. State (NCT of Delhi) 2012?
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What was the court's conclusion regarding the complainant's turning hostile?
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Study Notes
POCSO Act Case
- The Punjab & Haryana High Court dismissed an appeal against a conviction under the Protection of Children from Sexual Offences Act (POCSO Act) for the sexual assault of a 12-year-old girl.
Delay in Filing FIR
- A seven-day delay in filing the FIR was not detrimental to the case, as the court considered the victim's age and the circumstances.
- The court understood that a 12-year-old victim may not immediately comprehend the nature of the assault, and some delay in reporting is understandable.
Conviction and Charges
- The accused was convicted under Section 506 of the Indian Penal Code and Section 8 of the POCSO Act for sexually assaulting the minor three times in one week.
Rejected Arguments
- The delay in FIR registration was deemed justifiable given the victim's age and the circumstances.
- The contention about lack of proof of the victim's age was dismissed, as school records conclusively established she was 12 years and 7 months old at the time of the incident.
- The argument about lack of medical evidence was refuted, as the medical report indicated the possibility of sexual intercourse and noted small lacerations.
Victim's Testimony
- The court found the victim's testimony to be consistent, honest, and guileless.
- A conviction can be based solely on the prosecutrix's testimony if it inspires confidence, citing the case of Narinder Kumar vs. State (NCT of Delhi) 2012.
Appeal Dismissal
- The court dismissed the appeal, upholding the original conviction under the POCSO Act.
- The factors presented by the defense, including the complainant turning hostile, did not significantly impact the case.
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Description
A Punjab & Haryana High Court ruling on a POCSO Act case involving the sexual assault of a 12-year-old girl. The court considered the delay in filing the FIR and the victim's understanding of the assault.
