Can't Expect Sexual Assault Victim To Recount Facts Verbatim Every Time, Ignoring Trauma Of Delivering Accused's Child Unacceptable: Delhi HC

“…the statements of such minor victims have to be examined from the lens of delivering justice in accordance with principles of fair criminal trial to accused and victim, and not on the yardstick of strict factual accuracy of words. It is the substance of the testimony which is to be appreciated”.

Justice Swarana Kanta Sharma added that a victim's trauma of giving birth to the accused's child must also not be ignored.

“…the economic, financial and educational background of victim, the trauma they have faced due to sexual assault and giving birth to child of accused can, at no point of time, be ignored by the courts.”

The FIR was registered against the appellant under Sections 376/506 IPC and 4/6 of the POCSO Act, based on an allegation that he had committed sexual assault upon the victim. Pursuant to the assault, the victim had become pregnant and gave birth to a child.

After trial, the appellant was convicted under Section 506 IPC and Section 6 of POCSO Act. For the offence under Section 6 of POCSO Act, he was sentenced to rigorous imprisonment for 10 years.

The appellant's case was that the victim's age was not proved, the relationship was consensual and there were inconsistencies in the testimonies of witnesses.

In view of the material on record, the court rejected the contention that the victim was not a minor at the time of the alleged incident. It was noted that the school records pertained to 2010, and the same could not have been manipulated by the school.

So far as the appellant contended that the relationship with the victim was consensual, the court observed that he was blowing hot and cold. On one hand, he was denying that there ever was any physical relationship between him and the victim, and on the other, he was defending himself by stating that the relationship was consensual.

In this regard, it was also noted that the victim had categorially stated that she was sexually assaulted by the appellant on 3 occasions and threatened with a knife. Besides, the DNA analysis was conclusive that the appellant was the biological father of the child born to the victim.

“…it is very unfortunate that the victim of sexual assault had given birth to a child born due to the sexual assault while she was only 14-15 years of age. Being a sexual assault victim forced to give birth to the child of the accused, she would have undergone unfathomable pain, trauma, and stress. In this case, it was not the victim alone who was a victim, it is also the entire family and the child born to the victim who are victims of this offence, through this Court has been informed that the child has been given in adoption by the concerned authorities as the victim could not afford to take care of him.”

On the issue of inconsistencies in testimonies, the court said that the victim supported the prosecution's case on all major aspects. Though some minor inconsistencies were there, the same were not fatal and could be attributed to fallacies of human memory and state of the mind of the victim who was 14 years of age at the time.

Finding that the prosecution case had been proved beyond reasonable doubt, the court upheld the appellant's conviction and sentence, and dismissed the appeal.

Advocate MS Karwasra appeared for appellant

APP Naresh Kumar Chahar appeared for State

Advocates Tara Narula and Shivangi Sharma appeared for respondent No.2

Case Title: Vishnu Das Through Peherokar v. Government of NCT of Delhi & Anr., CRL.A. 332/2023

Citation: 2023 LiveLaw (Del) 1206