Testimony of child victim credible, DNA evidence corroborates sexual assault allegations: Delhi HC

New Delhi [India], September 24 (ANI): The Delhi High Court has underscored that the testimony of a child victim of sexual assault, if consistent and natural, requires no mechanical corroboration and can form the sole basis for conviction.

Justice Sanjeev Narula observed that “minor inconsistencies in the narration of a child cannot dilute the essence of her account,” particularly when scientific evidence such as DNA profiling corroborates her version.

The Court was hearing an appeal against conviction under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act and Section 376(2) IPC.

The trial court had sentenced a person to ten years’ rigorous imprisonment for sexually assaulting an eight-year-old girl, his neighbour.

Rejecting the appellant’s argument that contradictions existed in the victim’s statements, the Court held that any variations between her initial complaint, medical history, and later testimony were “nuances of expression, not contradictions.”

The judge noted that the girl had consistently described being gagged, undressed, and subjected to anal penetration, followed by immediate disclosure to her mother.

Crucially, DNA analysis detected semen on the child’s clothes that matched the appellant’s profile. “The presence of the Appellant’s semen on the garments of the Prosecutrix is difficult to reconcile with innocence,” the Court remarked, affirming the evidentiary weight of forensic corroboration.

The Court dismissed the defence claims of false implication due to prior animosity, calling them speculative and unsupported by evidence. It further ruled that investigative lapses such as the absence of independent witnesses or site plans did not vitiate the case in light of consistent victim testimony and scientific proof.

Emphasising the protective framework of the POCSO Act, Justice Narula said offences of this nature “strike at the very core of a child’s dignity and security” and must be met with stern consequences. Upholding the trial court’s conviction and sentence, the Court also directed that compensation under the Delhi Victim Compensation Scheme be ensured for the survivor’s rehabilitation. (ANI)

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