The Delhi High Court has upheld the conviction of a man sentenced for aggravated penetrative sexual assault on a specially-abled minor boy, ruling that the non-examination of the child victim during trial did not weaken the prosecution’s case in the peculiar facts of the matter.
Justice Chandrasekharan Sudha dismissed the appeal filed by Nabi Hasan against his conviction under Section 377 of the Indian Penal Code and Section 6 read with Section 5 of the Protection of Children from Sexual Offences (POCSO) Act.
Background of the Case
According to the prosecution, the incident took place on August 21, 2017, inside a jhuggi in Delhi’s Malviya Nagar area. The victim, a 6 to 7-year-old child suffering from cerebral palsy and severe physical and mental disability, was allegedly assaulted while alone at home.
The child’s mother told police that when she returned after being informed by relatives that the accused had locked himself inside the house, she found her son crying, without his diaper, and with injuries around the anal area. The accused was allegedly found inside the locked room.
The trial court later convicted Hasan and sentenced him to 10 years’ rigorous imprisonment along with a fine of ₹25,000.
Defence Arguments Before High Court
Before the High Court, the appellant argued that the prosecution case should fail because the child victim was never examined during trial.
The defence contended that the disability certificate only mentioned locomotor disability and did not conclusively establish that the child was incapable of communicating through gestures or sign language. It was also argued that no eyewitness had actually seen the alleged assault.
Questions were further raised over the medical opinion, absence of semen or biological evidence in the forensic report, and alleged inconsistencies in witness testimonies.
Court’s Observations
Rejecting the arguments, the High Court said the evidence on record clearly established that the victim suffered from severe cerebral palsy and could neither speak nor independently communicate.
“The testimony of PW2 and PW5 that the victim was unable to speak is not seen disputed or discredited,” the Court observed.
Justice Sudha noted that the victim’s condition had also been supported by medical evidence and testimony of the doctor who issued the disability certificate.
The Court further held that merely because the victim was not examined, the prosecution case could not automatically fail if there was other reliable evidence on record.
Referring to Supreme Court precedent, the High Court observed that conviction can still be sustained where the victim is unavailable or incapable of testifying, provided surrounding evidence proves the offence.
On the medical evidence, the Court noted that injuries found on the child’s anal region corroborated the allegation of penetrative sexual assault.
The bench also rejected the defence argument regarding absence of semen traces in the forensic report.
“Penetration to any extent is sufficient. Absence of seminal stains on the clothes, etc. is not evidence of absence of penetrative sexual assault,” the Court said.
Court’s Decision
Finding no infirmity in the trial court’s findings, the Delhi High Court upheld the conviction and sentence awarded to the accused.
“The trial court has rightly convicted and sentenced the accused,” the Court held while dismissing the appeal.
Case Details
Case Title: Nabi Hasan vs The State (Govt. of NCT Delhi) & Anr.
Case Number: CRL.A. 189/2025
Judge: Justice Chandrasekharan Sudha
Decision Date: May 16, 2026
