In a significant ruling, the Delhi High Court has dismissed an appeal filed by a father convicted of sexually assaulting his minor daughter, upholding the trial court’s decision to sentence him to 10 years of rigorous imprisonment. The court relied heavily on forensic evidence and the testimony of the child’s class teacher, even though the victim and her mother turned hostile during the trial.
The case dates back to September 2017, when a 9-year-old girl, accompanied by her teacher, approached the police and accused her father of repeated sexual assault. She alleged that the accused had been sexually abusing her every night after her mother was sent to their native village. The matter was investigated under Sections 376(2)(f), 377 of the Indian Penal Code and Section 6 of the POCSO Act.
During the trial, both the victim and her mother retracted their initial statements. The victim claimed she had been instigated by her teacher due to a prior dispute over financial aid. However, the court noted that the teacher’s testimony remained consistent and credible. Delivering the judgment, Hon’ble Justice Manoj Kumar Ohri stated, “The evidence of a hostile witness cannot be discarded as a whole. Relevant parts which are consistent with the case of the prosecution can be relied upon.”
Forensic evidence played a crucial role in affirming the conviction. The DNA profile from the victim’s rectal swab and underwear matched the blood sample of the appellant. The medical examination also confirmed injuries consistent with sexual assault. The court emphasized that the presumption under Section 29 of the POCSO Act applied since the prosecution had established foundational facts beyond reasonable doubt.
The appellant failed to provide any convincing evidence to rebut the presumption or explain the forensic findings. The court concluded that the trial court’s decision was based on solid evidence and legal principles, warranting no interference. The appeal was dismissed, and the sentence upheld.
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This judgment reinforces the judiciary’s commitment to protecting children and relying on scientific evidence even when victims retract statements under pressure.
Case Title: X v. State (NCT of Delhi) & Anr.
Case Number: CRL.A. 664/2024
