The Delhi High Court has emphasised that the testimony of a child victim, when consistent and natural, can constitute the primary basis for conviction in sexual assault cases, even without mechanical corroboration. The Court’s observations came while hearing an appeal against a conviction under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act and Section 376(2) Indian Penal Code (IPC).
Justice Sanjeev Narula noted that “minor inconsistencies in the narration of a child cannot dilute the essence of her account,” particularly where scientific evidence, such as DNA profiling, aligns with her version. The trial court had sentenced the accused, a neighbour, to ten year’s rigorous imprisonment for sexually assaulting an eight-year-old girl.
The appellant contended that contradictions in the victim’s statements undermined the case. However, the High Court held that variations between her initial complaint, medical history, and subsequent testimony were “nuances of expression, not contradictions.” The girl had consistently described being gagged, undressed, and subjected to anal penetration, followed by immediate disclosure to her mother.
DNA analysis detected semen on the child’s garments matching the appellant’s profile. As the Court remarked, “The presence of the Appellant's semen on the garments of the Prosecutrix is difficult to reconcile with innocence.” Defence claims of false implication arising from prior animosity were dismissed as speculative and unsupported. Investigative gaps, including the absence of independent witnesses or site plans, were held insufficient to vitiate the case in light of consistent testimony corroborated by forensic evidence.
Highlighting the protective intent of the POCSO Act, Justice Narula observed that such offences “strike at the very core of a child's dignity and security” and warrant stern judicial response. The Court upheld both the conviction and the ten-year sentence and directed the State to provide compensation under the Delhi Victim Compensation Scheme to facilitate the survivor’s rehabilitation.
Source Link
Picture Source :
