Sahjan Ali Through Parokar Banu Khatun vs State Through Sho Ps Madhu Vihar

ik-28137899 Delhi High Court 23 December 2024 • 13 min read

Judges (2)

Amit Sharma Coram Prathiba M. Singh Delivered

Counsel (12)

DHCLSC Firm Amit Kumar Singh Counsel Appellant Dinesh Malik Counsel Respondent Divya Yadav Counsel Respondent Kiffi Aggarwal Counsel Respondent Lalit Luthra Counsel Respondent Manan Soni Counsel Appellant Pranav Sharma Counsel Appellant Puneet Jain Counsel Respondent Ritesh Kumar Bahri Counsel Respondent Saksham Sethi Counsel Appellant Yashvir Sethi Counsel Appellant

Parties (2)

State Respondent Sahjan Ali Appellant

Case Significance

Sahjan Ali Through Parokar Banu Khatun vs State Through Sho Ps Madhu Vihar is a Delhi High Court decision dated December 23, 2024 (citation: ik-28137899). The appellant challenged his conviction under Sections 363, 366, 376 IPC and Section 4 of POCSO Act for allegedly kidnapping and sexually assaulting a minor girl. The Court found that the victim's statement that the appellant had 'physical relations' with her could not automatically be converted into evidence of penetrative sexual assault, as the impugned judgment lacked reasoning and the leap from 'samband' (relations) to penetrative assault had to be established by evidence. The appeal was The bench comprised Justices Amit Sharma and Prathiba M. Singh. The judgment was delivered by Justice Prathiba M. Singh.

Summary

The appellant challenged his conviction under Sections 363, 366, 376 IPC and Section 4 of POCSO Act for allegedly kidnapping and sexually assaulting a minor girl. The Court found that the victim's statement that the appellant had 'physical relations' with her could not automatically be converted into evidence of penetrative sexual assault, as the impugned judgment lacked reasoning and the leap from 'samband' (relations) to penetrative assault had to be established by evidence. The appeal was allowed and the appellant was acquitted.

What was the outcome of Sahjan Ali Through Parokar Banu Khatun vs State Through Sho Ps Madhu Vihar?

The appellant challenged his conviction under Sections 363, 366, 376 IPC and Section 4 of POCSO Act for allegedly kidnapping and sexually assaulting a minor girl. The Court found that the victim's sta...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-28137899)