The Delhi High Court has upheld the conviction of a man found guilty of sexually assaulting a six-year-old girl in Sangam Vihar, while reducing his prison sentence from 20 years to 14 years. The Court said the victim’s testimony remained credible despite minor inconsistencies in the prosecution evidence.
The judgment was delivered by Justice Chandrasekharan Sudha on May 5, 2026, in an appeal filed by convict Rajender Sharma against his conviction under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code.
Background Of The Case
According to the prosecution, the incident took place on January 13, 2013, at a house in Sangam Vihar where the accused was living as a tenant. The child’s grandmother approached the police the next day after the girl complained of severe pain and disclosed the assault.
The trial court had convicted the accused under Section 6 of the POCSO Act and Section 376(2)(f) IPC. In May 2020, he was sentenced to 20 years of rigorous imprisonment along with a fine of ₹3,000.
Before the High Court, the defence argued that there were contradictions in the statements of the victim and her grandmother. It was also claimed that the accused had been falsely implicated because of a rent dispute with the child’s family.
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The High Court examined the statements made by the child in the FIR, her statement before the magistrate, and her testimony during trial. The Court noted that although there were slight differences regarding the exact place of occurrence, the child had consistently maintained that the accused sexually assaulted her.
“The inconsistencies pointed out are immaterial and the same has in no way affected the prosecution case,” the bench observed.
The Court also found shortcomings in the manner in which medical samples and clothing were seized and documented during investigation. Because of these irregularities, the Court said the forensic report could not be fully relied upon. However, it clarified that scientific evidence was only corroborative in nature and not essential where the victim’s testimony itself was trustworthy.
Rejecting the defence argument based on the victim’s intact hymen, the Court referred to the legal definition of penetrative sexual assault under the POCSO Act.
“It is not necessary that the hymen has to be ruptured to make out an offence,” the Court said.
The bench further noted that the child had suffered an abrasion injury and that her testimony, supported by her grandmother’s account, was sufficient to establish the offence.
While affirming the conviction, the High Court modified the sentence imposed by the trial court. The bench held that under the law applicable at the time of the offence, a fixed-term sentence beyond 14 years could not have been imposed instead of life imprisonment.
As a result, the Court reduced the substantive jail term from 20 years to 14 years while maintaining the conviction under Section 376(2)(f) IPC and Section 6 of the POCSO Act.
Case Details
Case Title: Rajender Sharma v. The State (Govt of NCT) Delhi
Case Number: CRL.A. 610/2020
Judge: Justice Chandrasekharan Sudha
Decision Date: May 5, 2026
