The Delhi High Court has ruled that forcing a minor to touch another person’s private parts with sexual intent constitutes aggravated sexual assault under the POCSO Act. The Court upheld the conviction while clarifying the legal scope of child sexual offences.
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NEW DELHI: The Delhi High Court has reaffirmed the seriousness of child sexual abuse cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012, ruling that making a minor child touch another person’s private parts constitutes aggravated sexual assault.
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Case Background
The case revolves around a 2022 incident in which a three-year-old girl alleged that her tenant, Dharmendra Kumar, flashed his private parts and forced her to touch them. Following her disclosure, her mother filed a criminal complaint, leading to a trial under both the POCSO Act and the Indian Penal Code (IPC).
A trial court convicted the accused, sentencing him to seven years in prison under the POCSO Act and additional charges under IPC sections 354, 354A, and 354B. The accused appealed, citing alleged discrepancies in the child’s testimony as a reason for acquittal.
Arguments in the Appeal
The appellant (Dharmendra Kumar) claimed:
- The child initially said he had touched her, but later “embellished” her statement to suggest penetration.
- Contradictions and improvements in the statements of the child and her mother cast doubt on the credibility of the prosecution.
- Procedural lapses, including a delay in FIR registration, raised concerns about the authenticity of the case.
Delhi High Court’s Observations
Justice Neena Bansal Krishna, presiding over the appeal, emphasized the following points:
- Tender age of the victim: The child was only 3 years and 11 months old at the time of the incident. Minor inconsistencies in her statements were considered natural due to limited vocabulary and understanding.
- Consistency with mother’s testimony: The mother’s account corroborated the child’s allegations, strengthening the credibility of the victim.
- Minor variations do not negate guilt: “Minor variation in expression does not affect the credibility of the witness,” the Court noted.
- Defense lacked credibility: The appellant’s statements were inconsistent and failed to provide a plausible explanation for the allegations.
- Medical evidence: The absence of injury was not decisive because the assault involved touching rather than penetration, which aligns with the nature of the allegations.
The Court highlighted that under the POCSO Act, Section 10, forcing a child to touch the private parts of an adult constitutes aggravated sexual assault. This ruling aligns with prior Supreme Court decisions establishing that child testimony alone can support a conviction if credible and consistent.
The Delhi High Court upheld the appellant’s conviction under Section 10 of the POCSO Act, holding that the offence of aggravated sexual assault was clearly established on the evidence on record.
However, the Court set aside the conviction under Sections 354, 354A and 354B of the Indian Penal Code, observing that no charges under these provisions had been framed by the trial court and that no separate sentence had been awarded for those offences.
Justice Krishna concluded:
“Making a small child touch the private part with sexual intent amounts to aggravated sexual assault and therefore, the offence under Section 10 POCSO Act, was established.”
Appearance:
For the appellant: Advocates Prateek Kumar, Ankita, Prassant Kumar Sharma and Chetan Charitra
For the State: Public Prosecutor Utkarsh
For the complainant: Advocates Tanya Agarwal and Krishna Kumar Keshav
Case Title:
Dharmendra Kumar vs. The State Govt. of NCT of Delhi
CRL.A. 51/2025, CRL.M.A. 1185/2025 & CRL.M.(BAIL) 96/2025
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