The Delhi High Court on Wednesday dismissed the appeal of a 21-year-old man convicted under the POCSO Act for repeatedly assaulting a 14-year-old girl. Justice Sanjeev Narula, delivering the order on September 24, 2025, upheld the lower court's ruling and confirmed the sentence of 10 years' rigorous imprisonment.
Background
The case began with an FIR lodged in March 2017, when the girl’s father reported her missing. Weeks later, police found her in Farukhabad, Uttar Pradesh, living with the accused Rajnish. A medical examination revealed she was pregnant. The prosecution relied on her testimony, school records showing her date of birth as June 2003, and medical evidence.
The trial court convicted Rajnish under Sections 363, 366, 376(2)(n) of the IPC and Section 6 of the POCSO Act. He was sentenced to concurrent terms, the highest being 10 years of imprisonment under the POCSO charge.
Court's Observations
In appeal, Rajnish argued that the girl had voluntarily gone with him, claimed to be in love, and that inconsistencies in her statements cast doubt on her credibility. His lawyer also questioned the authenticity of school records since no birth certificate had been submitted at the time of admission.
However, Justice Narula rejected these arguments. He stated,
"Once the minority of the prosecutrix is proved, any plea of consent is legally irrelevant. The statutory presumption under Section 29 POCSO stands triggered."
The Court noted that minor inconsistencies in the girl’s statements could not affect the main facts.
"She consistently identified the appellant as the person who took her away and had repeated sexual intercourse with her. Such testimony, supported by medical records proving pregnancy, inspires confidence," the bench observed.
The judge also acknowledged that foetal samples collected during the abortion were lost, reflecting negligence by the investigating agency, but said this did not weaken the prosecution's case. The fact of pregnancy had already been confirmed by medical evidence.
On the kidnapping charge, the Court held that the accused had taken a 14-year-old girl away without the consent of her parents.
"Her willingness is immaterial. The law treats such removal as kidnapping," the order read.
Decision
Dismissing the appeal, the High Court upheld the conviction and sentence, and directed the Delhi State Legal Services Authority to immediately provide ₹7 lakh compensation to the victim. Concluding, Justice Narula said,
"What may appear as affection in the eyes of a child cannot weaken the statutory safeguards against exploitation. The appeal has no merit and stands dismissed."
Case Title: Rajnish v. State NCT of Delhi
Date of Decision: 24th September, 2025
