Minor Discrepancies in Testimony Not Grounds for Discrediting, Asserts Delhi High Court Upholding Conviction in Child Sexual Assault Case

The Delhi High Court, in a significant judgment, upheld the conviction of Sonu Surender in a child sexual assault case, emphasizing that "minor discrepancies in testimony should not be grounds for discrediting a reliable prosecution case." Justice Amit Sharma, presiding over the case, reiterated the importance of evaluating the evidence in totality, particularly in cases involving child witnesses.

The case, filed under CRL.A. 359/2017 & CRL.M.(BAIL) 1540/2021, came for hearing after the appellant, Sonu Surender, challenged the judgment and sentence dated February 2, 2017, and February 3, 2017, respectively, by the Special Court (POCSO Act)/ASJ-01, North East, Karkardooma Courts, New Delhi. He was convicted under Sections 376 (2) (i) and 376 (2) (n), 506(II) of the IPC and Section 6 of the POCSO Act for sexually assaulting a 10-year-old girl.

Justice Sharma, in his judgment, observed, "The victim was the main key witness in the instant case and had been a sterling witness." Despite some improvements in her statements, the court found her testimony consistent and corroborated by her mother and brother, as well as by medical evidence.

The appellant's defense, claiming false implication due to a financial dispute with the victim's mother, was not accepted by the court due to a lack of supporting evidence. "The appellant has failed to provide any satisfactory explanation to the incriminating evidence put to him," noted Justice Sharma.

Referring to various precedents, the court highlighted the importance of the careful assessment of child witnesses' testimonies, stating, "It is a settled law that the statement of a witness has to be considered in totality after taking into consideration the age, social and economic background, nature of the offence, and the strata to which the witness belongs."

The court upheld the trial court's sentence, awarding the appellant rigorous imprisonment for 10 years and a fine of ₹2,000. In case of default in payment of the fine, the appellant would face an additional month of simple imprisonment.

Date of Decision: 02nd February, 2024

SONU SURENDER VS THE STATE NCT OF DELHI