Delhi High Court upholds child sexual assault conviction despite her family turning hostile

“Position and placement of an individual in the social and economic ladder primarily and with other parameters empowering and strengthening and conversely disempowering, weakening, undermining, belittling or restricting are the factors, which determine how vulnerable and susceptible one is to the excessive discrimination, exploitation and at times to the crimes prevalent in the society,” the July 16 order noted.

The order added, “Nevertheless, if the testimony is appreciated objectively and in conjunction with the other material on record, then like oil comes on the surface of water, so emerges the truth from the shadows of adverse circumstances and influence, unfortunately created by the victim’s own mother.”

Justice Vimal Kumar Yadav heard a matter involving sexual assault of a minor girl.

Family’s silence, child’s words

It came on record that on August 30, 2010, the 7-year-old girl was sexually assaulted on the terrace in the vicinity of the servant quarter.

A chargesheet was filed against the appellant alleging attempt to commit rape under the IPC. He was held guilty, convicted, and sentenced to Rigorous Imprisonment (RI) for a period of two years, with a fine of Rs 5,000.

Advocates M K Khanna along with others appearing for the appellant argued that the prosecution’s case was weakened because the survivor’s mother and grandmother had turned hostile and did not support it. It was contended that the evidence was not sufficient to establish attempt to rape, and that the allegations, at its best, could amount to a lesser offence.

Additional Public Prosecutor Satinder Singh Bawa argued that the evidence had to be assessed as a whole rather than in isolation. He submitted that the testimony of the survivor and the admission of the appellant himself under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), are potent enough to sustain the judgment and the findings recorded against the appellant. 

‘Ground realities remain harsh’

The court observed that while education, awareness and empowerment can help reduce vulnerability and discrimination, the weaker sections of society continue to face disadvantages. It said these inequalities persist despite constitutional guarantees of equality, liberty and fraternity, making vulnerable individuals more susceptible to abuse.

The court stressed that the testimony of the seven-year-old survivor had to be assessed keeping in mind her age and the trauma she had suffered. It observed that repeated recounting of the incident could force the child to relive the experience, while attempts by her mother to influence her had already added to her confusion. The court said despite these circumstances, the survivor’s evidence brought out the truth and was sufficient to sustain the appellant’s conviction.

The court rejected the appeal and observed that the child initially gave a version under the influence of her mother and reaffirmed that the account she had earlier given before the magistrate was truthful.