The Delhi High Court has partly allowed a criminal appeal in a case under the Protection of Children from Sexual Offences (POCSO) Act, modifying the conviction and reducing the sentence after closely examining the legal requirements of the offence proved. The Court clarified that while an offence was established, it did not meet the statutory definition of penetrative sexual assault.
The judgment was pronounced on January 15, 2026, by Justice Chandrasekharan Sudha.
Background of the Case
This case dates back to June 28, 2016, when a nine-year-old girl was allegedly sexually assaulted inside a small clinic in Delhi's Tughlakabad area. The accused, Madhu Shudhan Datto, locally known as the "Bengali doctor," was the person the girl had gone to see to get medicine for her younger sister. According to the prosecution, the girl was wrongfully confined inside the clinic and sexually assaulted.
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His mother arrived at the scene within minutes and raised an alarm, after which the police were called. An FIR was registered the same day, and the trial court subsequently convicted the accused under Section 6 of the POCSO Act for aggravated sexual assault and sentenced him to 10 years of rigorous imprisonment, along with a separate sentence for wrongful confinement.
Court’s Observations
The High Court reiterated that criminal courts must strictly apply statutory definitions, especially in cases carrying severe punishments. After reviewing the initial complaint, the statement recorded before the magistrate, and the testimony given during trial, the Court noted that the earliest versions did not clearly indicate penetration as required under Section 3 of the POCSO Act.
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“The material on record, when read as a whole, establishes an offence of sexual assault but does not conclusively prove penetration as contemplated under the Act,” the Court observed.
On the medical evidence, the Court held that the medical report was legally admissible despite the examining doctor being unavailable, as it had been properly proved through another competent witness familiar with the document.
The Court also rejected the argument that minor omissions or inconsistencies were sufficient to discard the prosecution case altogether, noting that such variations are natural, particularly when statements are recorded at different stages.
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Based on its analysis, the High Court concluded that the offence made out fell under Section 9(m) of the POCSO Act, which deals with aggravated sexual assault on a child below 12 years, and not under Section 6 relating to aggravated penetrative sexual assault.
Accordingly, the conviction was altered from Section 6 to Section 9(m) of the POCSO Act. The sentence was reduced from 10 years to seven years of rigorous imprisonment, which is the maximum punishment prescribed for the offence proved. The conviction and sentence for wrongful confinement under the IPC were affirmed.
The Court further directed that the statutory compensation awarded to the victim be disbursed without delay.
Decision
The appeal was partly allowed. The conviction was modified to reflect the correct provision of law, and the sentence was reduced accordingly. With these directions, all pending applications were closed.
Case Title:- Madhu Shudhan Dutto v. State Govt. Of Nct Of Delhi
Case No.:- CRL.A. 649/2025
