The Delhi High Court has upheld the conviction of a man sentenced for serious offences against his minor daughter, stressing that strong scientific evidence cannot be ignored even when family members give inconsistent statements during trial.
A Division Bench of Justice Prathiba M. Singh and Justice Madhu Jain dismissed the criminal appeal and refused to suspend the sentence, confirming the findings of the trial court.
Background of the Case
The case originated from an FIR registered in July 2021 at Jahangir Puri police station after a minor girl was found to be pregnant. The matter was reported to the police following medical examination, and the investigation was carried out under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
During investigation, medical procedures were conducted as per law, and biological samples were sent to the Forensic Science Laboratory (FSL) for examination. The trial court later convicted the accused, who is the child’s father, and sentenced him to rigorous imprisonment.
Proceedings Before the Trial Court
During the trial, the prosecution examined several witnesses, including the child, her mother, police officials, and forensic experts. While the child and her mother gave statements that did not fully support the prosecution at later stages, the trial court relied on earlier statements and forensic findings.
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The court noted that the minor’s silence for a long period was explained by fear, dependence, and the domestic situation in which she was living.
Forensic Evidence
A key part of the prosecution case was the DNA analysis conducted by the FSL. The laboratory reports confirmed the biological relationship between the accused and the foetal material collected during medical procedures.
The forensic expert who conducted the analysis testified before the court and explained the process, stating that the results were scientifically reliable and preserved as per protocol.
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Arguments in Appeal
Before the High Court, the appellant argued that there were lapses in the investigation, including delays in sending samples for forensic examination and non-examination of certain officials. It was also contended that the inconsistent statements of witnesses weakened the prosecution case.
The State opposed the appeal, submitting that forensic evidence provided clear and independent proof, and that witness hostility due to social and economic pressure is not uncommon in such cases.
Court’s Observations
The High Court observed that cases involving children often present complex family dynamics, but courts cannot overlook clear scientific evidence. The Bench noted that DNA analysis is a reliable method and carries significant evidentiary value.
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“The scientific evidence on record conclusively establishes the facts necessary to sustain the conviction,” the court observed, adding that the statutory presumption under the POCSO Act applied once foundational facts were proved.
Decision
Concluding that there was no legal or factual error in the trial court’s judgment, the High Court dismissed the appeal and upheld the conviction and sentence.
The court directed that the order be communicated to the jail authorities for compliance
Case Title:- Dry v. State NCT of Delhi
