Delhi HC: Absence of Medical Evidence and Unexplained Delays Lead to Acquittal in POCSO Case

The Delhi High Court has acquitted a man convicted of aggravated penetrative sexual assault, highlighting that the absence of medical corroboration combined with a potential ulterior motive stemming from a neighbourhood quarrel created significant reasonable doubt. This judgment underscores the judicial necessity for consistent testimony and objective medical findings even in sensitive cases involving minor victims.

Justice Chandrasekharan Sudha presided over the appeal challenging the conviction of a man sentenced to 10 years of rigorous imprisonment for offences against a 10-year-old boy. The Court scrutinized the trial court's reliance on the victim's testimony, which was found to be at odds with medical records and riddled with procedural inconsistencies.

Key Takeaways

Medical Corroboration Essential

Where a victim alleges prolonged sexual assault causing persistent pain, the total absence of physical findings like tenderness or redness in medical records significantly weakens the prosecution case.

Impact of Neighbourhood Quarrels

Evidence of a pre-existing dispute between the accused and the victim's family can cast a shadow of doubt on the FIR's credibility, potentially indicating false implication.

Consistency in Testimony

Material discrepancies between the victim's statements and those of the parents regarding the timing of disclosure and the sequence of events can be fatal to the prosecution's narrative.

Arrest Procedure Discrepancies

Contradictory versions between the victim and police witnesses regarding the time and manner of the accused's arrest further undermine the reliability of the investigation.

Medical Evidence and Disclosure Delays

The court observed that while the incident allegedly occurred on July 26, 2014, the FIR was only registered on August 1, 2014, after the victim reportedly complained of anal pain. However, the medical examination conducted the same night revealed no external injuries, normal anal tone, and no tenderness. The Court noted, "If pain was persisting on the said day also, some corresponding finding such as tenderness, redness or soreness would ordinarily be expected on medical examination. But the medical evidence does not in any way support the case of carnal intercourse. On the other hand, it raises doubts as to whether any anal penetration had taken place as alleged by the prosecution."

Furthermore, the testimony of the father (PW2) contradicted the victim (PW3) regarding when the incident was first disclosed. The father claimed to have known on the day of the incident, yet no action was taken for a week. The Court, in its reasoning, observed: "These two versions cannot go together. There has been no re-examination of PW2 on the point that he was informed of the incident on 26.07.2014 when he returned home from work. No clarification was ever sought. If PW2 came to know of the incident on 26.07.2014 itself, why was it not reported immediately?"

The Shadow of a Previous Quarrel

A critical factor in the acquittal was the victim's admission of a quarrel between his parents and a neighbour named Lambu, where the accused had sided against the victim's family. The Court remarked that the "possibility of Ext. PW3/A FIS being lodged in the backdrop of the quarrel cannot be completely ruled out." This, coupled with the prosecution's failure to produce an FSL report for the anal swabs taken, led the court to conclude that the guilt was not established beyond reasonable doubt.

The Court has the following directions:

"In the result, the appeal is allowed. The appellant is acquitted under Section 235(1) Code of Criminal Procedure, 1973 of the offences punishable under Sections 342, 363, 377, Part I of Section 506 Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant shall be set at liberty and his bail bond shall stand cancelled."

Ratio

In criminal trials involving sexual offences, while the testimony of the victim is paramount, it must inspire confidence and be free from material contradictions. If the medical evidence completely fails to corroborate a victim's claim of physical injury and prolonged assault, and there exists a proven history of enmity between the parties, the benefit of doubt must necessarily accrue to the accused to prevent a miscarriage of justice.

Background

The appellant was originally convicted by the Additional Sessions Judge-01, East, Karkardooma Courts, for kidnapping, wrongful confinement, and sexual assault of a 10-year-old boy. The prosecution relied on the school records to establish the victim's age under the Protection of Children from Sexual Offences Act, 2012. While the court accepted the school records as sufficient proof of age under Protection of Children from Sexual Offences Act, 2012, it found the substantive evidence regarding the act itself to be lacking. The Court referenced the principle in Moidu K. vs. State of Kerala regarding procedural non-compliance of Section 232 Code of Criminal Procedure, 1973, noting that while such omissions don't automatically vitiate trials, the cumulative effect of evidentiary gaps in this specific case warranted an acquittal.

Case Details:
Case No.: CRL.A. 83/2018
Case Title: DEEPU @ DEEPAK Versus STATE
Appearances:
For the Petitioner(s): Mr. Azhar Qayum, Mr. Narender Kumar, Mr. Shahruddin and Mr. Zubair, Advocates
For the Respondent(s): Mr. Utkarsh, APP for State; Ms. Ananya Pandey, Advocate (Amicus Curiae) for Victim

Source: 2026 CaseBase(DEL) 5686