STATE (GNCT OF DELHI) Vs. VICKY

JUDGEMENT

(1.) There can be no manner of doubt that a conviction for committing penetrative sexual assault can be sustained on the sole testimony of the prosecutrix. [Ref: Boby vs. State, Crl.A 1119/2014; Vishnu (alias) Undrya vs. State of Maharashtra reported as, 2006 1 SCC 283; State of M.P vs. Dayal Sahu reported as, 2005 8 SCC 122]. However, it is equally well established that, the testimony of the prosecutrix must be creditworthy and inspire confidence.

(2.) The State has instituted the present petition seeking grant of leave to assail the judgment dated 04.04.2018, in Session Case No.106/2014, arising out of FIR No.170/2014(hereinafter referred to as the 'subject FIR') under sections 376D/109 Indian Penal Code, 1860, read with sections 04/06/17 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO') registered at Police Station-Bharat Nagar; whereby the Trial Court has specified the operative portion.

(3.) In sum and substance, it is the case of the prosecution that the prosecutrix (hereinafter referred to as the 'victim'), along with her mother came to the police station at 11:50 pm on 25.03.2014 and made the following statement: