The Delhi High Court in a POCSO rape case ruled that a child victim’s credible testimony alone is enough to convict, even without forensic evidence.
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NEW DELHI: In a landmark judgment, the Delhi High Court has reaffirmed that the credible and consistent testimony of a child victim is sufficient to sustain a conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012, even in the absence of conclusive forensic evidence.
Justice Manoj Kumar Ohri dismissed the appeal filed by the convict, Tonny, thereby upholding his conviction and sentence under Sections 366 (kidnapping), 376 (rape), and 506 (criminal intimidation) of the IPC, along with Section 6 of the POCSO Act. He was sentenced to 12 years of rigorous imprisonment for the offence under POCSO, along with other concurrent sentences.
Background of the Case
The case originated from an FIR registered on August 4, 2017, based on the statement of a 10-year-old victim. The child alleged that the appellant, who worked at a woodwork shop near her school, lured her with food items such as chowmein and kachori, before repeatedly raping her inside his shop.
She further stated that the appellant threatened to “drown her in a drain or cut her like a piece of wood” if she disclosed the abuse. Fear kept her silent until a school teacher noticed her distress and informed her mother, leading to a police complaint.
Her statement under Section 164 Cr.P.C. reiterated the allegations, and the Medical Legal Case (MLC) report recorded a ruptured hymen. The appellant was later arrested.
Arguments of the Parties
Appellant’s Counsel:
- Claimed false implication due to a salary dispute with his employer.
- Pointed to inconsistencies in the testimonies of the Investigating Officer (IO) and the victim’s teacher regarding his arrest.
- Highlighted the inconclusive FSL report, which did not find male DNA.
- Emphasized the absence of external injuries on the victim.
State & Amicus Curiae:
- Defended the credibility of the child’s testimony, stressing its consistency.
- Noted corroboration from the teacher’s deposition and the MLC report.
- Argued that minor lapses in investigation should not benefit the accused.
- Explained that the delay in sample collection led to inconclusive forensic results.
Court’s Observations
The High Court dismissed the appeal, holding that:
- Age not disputed: At 10 years old, the victim clearly fell under the protection of the POCSO Act.
- Credible testimony: Even if other witness statements had inconsistencies, the child’s consistent and reliable deposition alone was sufficient.
- Legal precedent: Cited State of Madhya Pradesh v. Balveer Singh (2025 SCC OnLine SC 390), reaffirming that a competent child witness’s evidence can form the sole basis of conviction.
- Section 29 POCSO presumption: Once foundational facts are established, the presumption of guilt operates against the accused (Sambhubhai Raisangbhai Padhiyar v. State of Gujarat, (2025) 2 SCC 399).
- Medical evidence: The ruptured hymen in the MLC supported the victim’s allegations.
- Defense of false implication: Dismissed as baseless and without evidence.
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The court concluded:
“The record shows that the child victim has consistently stated that the appellant had committed the offence of penetration on several occasions. On this aspect, her stand has remained consistent and credible, and the appellant has not been able to demolish her testimony in cross-examination.”
Case Title:
TONNY Vs STATE
CRL.A. 820/2019
Read Judgment:
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