The Delhi High Court on Tuesday (October 14, 2025) dismissed the appeal of 55-year-old Moti Lal, upholding the 10-year sentence awarded by the lower court. Justice Manoj Kumar Ohri, in his single-judge bench order, stated that the testimony and medical evidence of a seven-year-old girl were so clear and credible that the accused could not be given relief by citing technical lapses.
The court remarked strongly -
"Technical errors or defective investigation cannot weaken the credible testimony of a child victim."
Background
The case dates back to October 2, 2014. On that day, a seven-year-old girl was playing outside her home in a slum area. After a while, she returned home crying and told her father that their neighbor, Moti Lal, had called her into his house on the pretext of giving ₹20 and did a "galat kaam" (wrong act).
The father immediately called the police. The medical examination revealed an injury near the anal region, and the forensic report confirmed the presence of blood stains on the girl’s frock and underwear.
In 2018, the Tis Hazari Sessions Court convicted Moti Lal under Section 6 of the POCSO Act and sentenced him to 10 years of rigorous imprisonment with a fine of ₹10,000.
Court's Observations
In the appeal, the defense counsel argued that there were contradictions in the parents’ statements - one said the daughter told them, another said the son did. The defense also contended that the girl had not identified her clothes and that the accused’s wife was at home, making the incident impossible.
However, the High Court rejected all these arguments, observing that minor variations in witness statements are natural and do not affect the truth of the main incident.
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Justice Ohri stated,
"Under the POCSO law, penetration does not mean ejaculation. Therefore, the absence of semen does not negate the offence."
He further remarked that investigation lapses could not be used to benefit the accused. Referring to the Supreme Court's judgment in Ashok Kumar Singh Chandel vs. State of Uttar Pradesh, the court said -
"Defective investigation does not nullify the prosecution’s case if the evidence is credible."
Court's Decision
The Delhi High Court held that even though the child’s testimony was recorded three years after the incident, it remained clear and trustworthy. The court observed -
The statement of a seven-year-old girl, supported by medical and scientific evidence, is sufficient to establish guilt."
Upholding the lower court's verdict, the bench said that there is no need for any interference in this matter. Moti Lal's bail was canceled, and his surety was discharged.
This judgment once again reinforces the judiciary's stand that in cases of child offences, the courts will prioritize the victim's voice over any technical deficiency.
Case Title: Moti Lal vs State (NCT of Delhi)
Case Number: Criminal Appeal No. 169/2019
Pronounced On: 14 October 2025
Appellant's Counsel: Mr. S.B. Dandapani, Advocate
Respondent (State) Counsel: Ms. Shubhi Gupta, APP for State with SI Urvashi
