New Delhi: The Delhi High Court has acquitted a man previously sentenced to 10 years’ imprisonment in a rape case, holding that the mere use of the term “physical relations” without supporting evidence is insufficient to establish rape or aggravated penetrative sexual assault.
Justice Manoj Kumar Ohri, delivering the judgment on October 17, observed that the conviction under Section 376 of the IPC and Section 6 of the POCSO Act was unsustainable. The court noted that while the child victim and her parents repeatedly claimed that “physical relations” had occurred, there was no clarity or further description of the alleged act, and no forensic evidence existed.
The case dated back to 2023, involving a 16-year-old girl who alleged that her cousin had established “physical relations” with her under the false pretext of marriage in 2014. The high court emphasized that the expression “physical relations” is neither defined nor used in the IPC or POCSO Act. Without additional details, the court said it could not determine whether the alleged acts fulfilled the legal definition of penetrative sexual assault.
The judgment criticized the prosecution for failing to ask precise questions to clarify the child victim’s testimony and stressed that courts have a statutory duty to actively ensure proper proof of relevant facts. Justice Ohri said, “If it appears that the testimony of the child witness is lacking in essential details, it is the duty of the court to discover or obtain proper proof and to ensure the complete testimony is recorded.”
The court termed the case unfortunate but reiterated that convictions must be based on evidence that establishes the essential ingredients of an offence beyond reasonable doubt.
