Shyamu v. State
Case brief
What is this about?
Appeal by appellant convicted under IPC and POCSO Act for offending a 4-year-old child. High Court upheld conviction supported by child testimony and corroborating DNA evidence, rejecting denial of loan dispute charge and refusing sentence modification.
What did the court decide?
Conviction and sentence confirmed; appeal dismissed.
What the court decided
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
RESERVED ON : 1st MAY, 2018 DECIDED ON : 16th MAY, 2018
- CRL.A. 82/2018 SHYAMU ..... Appellant
Through : Mr.M.L.Yadav, Advocate.
versus STATE ..... Respondent Through : Mr.Ravi Nayak, APP.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
- Challenge in this appeal is a judgment dated 27.09.2017 of learned Addl. Sessions Judge in Sessions Case No.7154/2016 emanating from FIR No.218/2014 PS Neb Sarai whereby the appellant Shyamu was held guilty for committing offences punishable under Sections 354/354A/354B IPC and Section 10 POCSO Act. By an order dated 14.10.2017, the appellant was sentenced to undergo RI for six years with fine `10,000/-.
- Briefly stated, the prosecution case was that on 17.03.2014 at around 01.30 p.m. at House No.1265, Gali No.29/6, L- 1st, Sangam Vihar, New Delhi, the appellant outraged the modesty of a minor girl ‘X’ (assumed name) aged around 4 years and committed rape by touching her vagina by hand and mouth. Information about
Issues for consideration
3 issues framed by the court
Whether conviction of appellant based solely on testimony of 4-year-old child witness is sustainable in light of corroborative DNA evidence.
Whether appellant's plea of false implication due to loan dispute is valid given his failure to provide specific particulars.
Whether leniency in sentencing is warranted considering appellant's age and the nature of the crime against a minor.
Parties & counsel
- appellant
Shyamu
- respondent
State
Coram
S.P. Garg
Case details
As recorded by the court registry
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