Source : Legal Live
The Delhi High court has upheld the order of trial court for convicting a man for the commission of aggravated gang penetrative sexual assault upon a 13-year-old minor child.
A single-judge bench of Justice Anu Malhotra said, it is essential to observe that there is no reason to disbelieve the testimony of the two minor children…while citing the judgment laid down in case of “Dinesh Chand Vs State” wherein it was held, it is essential to observe that it is only a rule of prudence that the court always finds it desirable to have the corroboration of the evidence of a child from the testimonies of witnesses and it is not the law that if the witness is a child, his evidence shall be rejected even if it is found reliable.
The court pronounced its order on the appeal filed by a man against his conviction by the Trial Court under section 5(g) of the POCSO Act (Gang penitrative sexual assault on a child) and for offence under section 506/34 of IPC (Criminal intimidation).