POCSO cases: Absence of positive FSL report will not cast any doubt on the testimony of the victim [Read the Order]

Delhi High Court has observed that FSL report is only a corroborative piece of evidence and merely because it does not corroborate the testimony of the victim would not, in any manner, render the testimony of the witness, which is otherwise reliable, as unreliable or liable to be discarded.

A bench of Justice Sachdeva has passed the order in the case titled as Vijay vs State on 10.10.2019.

In a POCSO case when the accused was convicted, he approached the High Court with appeal. Severall contentions were raised.

High Court however observed as under:

"As noticed by the trial court the victim appears to be a completely credible witness and has been consistent with his version of the incident starting from the initial complaint to the statement under Section 164 Cr. P.C. and his deposition before the Court.

There is no material produced either before the trial court or before this Court which would shake the testimony of the victim or create any doubt on the manner in which the alleged incident had happened.

Merely because there is no positive FSL report, would not cast any doubt on the testimony of the victim. FSL report is only a corroborative piece of evidence and merely because it does not corroborate the testimony of the victim would not, in any manner, render the testimony of the witness, which is otherwise reliable, as unreliable or liable to be discarded".

High Court held "Trial court has rightly held that the testimony of the victim is credible and is of sterling quality and is sufficient to bring home the guilt of the accused. Trial court has found that the prosecution has proved beyond all reasonable doubts that the subject offence was committed by the appellant against the victim. I find no infirmity in the view taken by the trial court in holding that the prosecution has proved beyond reasonable doubt that the appellant had committed the offence under Section 377 IPC and Section 4 of POCSO Act as also the offence under Section 367/506 IPC. I find no infirmity in the judgment on conviction".

Read the Order here:

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