Delhi High Court Upholds Conviction In Child Sexual Assault Case – Victim’s Statements Consistent And Corroborated By Her Mother’s Account
In a significant verdict, the Delhi High Court, through Justice Amit Bansal, upheld the conviction and sentence of an appellant found guilty of offences under Sections 342/363/376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The judgment, delivered on August 14, 2023, follows an appeal challenging the lower court’s decision to convict the appellant.
The case revolved around the alleged sexual assault of a minor girl, who was just four and a half years old at the time of the incident. The appellant was sentenced to rigorous imprisonment based on his conviction under the said sections and acts. The trial court had convicted the appellant after considering the victim’s testimony, medical evidence, and corroborating statements.
The judgment highlighted the importance of evaluating evidence while not attaching undue importance to minor discrepancies. It emphasized the credibility and reliability of the victim’s testimony, taking into account the age of the victim. The court underscored that the absence of injuries does not necessarily negate the commission of a penetrative sexual assault.
The appellant’s defense argued against the credibility of the victim’s statements, pointing out inconsistencies. However, the court found that the victim’s statements were consistent across various instances and corroborated by her mother’s account. The judgment also referenced the statutory presumption under Section 29 of the POCSO Act, which strengthened the prosecution’s case.
The court dismissed the appellant’s appeal, concluding that the conviction was valid and well-supported by the evidence presented. The judgment reaffirmed the court’s commitment to protecting the rights of victims, particularly in cases involving sexual offences against children. It highlighted the significance of proper adjudication and evaluation of evidence in such cases.
This landmark judgment underlines the court’s commitment to ensuring justice and safeguarding the rights of victims in cases of child sexual assault. It serves as a precedent for similar cases and reiterates the importance of meticulous evaluation of evidence while upholding the principles of fairness and justice.
Date of Decision: August 14, 2023
RANJEET KUMAR YADAV vs STATE OF NCT OF DELHI
