Mukesh v. State
Case brief
What is this about?
Father convicted under Section 6 POCSO and Section 376(2)(f)(i) IPC for sexually abusing his about four-year-old daughter. Appeal challenged reliability of child's testimony, MLC findings and alleged tutoring by employer. Court upheld conviction relying on child's testimony corroborated by FSL DNA evidence.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- Reserved on : 28.08.2025
- % Pronounced on : 09.10.2025
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CRL.A. 713/2018
MUKESH .....Appellant Through: Mr. Nikhil Pillai, Advocate (DHCLSC) with Ms. Malvi Dedhia, Mr. Abhiroop Saha and Ms. Muskaan Garg, Advocates.
- versus
STATE NCT OF DELHI .....Respondent Through: Mr Pradeep Gahalot, APP for State with SI Priyanshi Ms. Gayatri Nandwani, Ms. Dudita Sharda and Mr. Adrian Abbi, Advocates for prosecutrix.
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
- The present appeal has been preferred to assail and set aside the impugned judgment of conviction dated 06.01.2018 and order on sentence dated 11.01.2018. Vide the impugned judgment, the appellant stands convicted for the offence punishable under Section 6 of POCSO Act, 2012 and Section 376(2)(f)(i) IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for 10 years and fine of Rs.15,000/- for offence punishable under Section 376 (2)(f)(i) IPC and in default whereof, he was to undergo Simple Imprisonment (SI) for a period 3 months. The benefit of Section 428 Cr.P.C. was given to the convict.
Issues for consideration
3 issues framed by the court
Whether the testimony of the child victim, read as a whole despite variations across her earlier statements, was reliable evidence of penetration by her father.
Whether intact hymen and absence of external injuries contradicted the rape allegation.
Whether the prosecution established foundational facts to invoke Section 29 POCSO presumption and whether the appellant rebutted it.
Parties & counsel
- appellant
Mukesh
- respondent
State NCT of Delhi
Coram
Manoj Kumar Ohri
Case details
As recorded by the court registry
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