Del HC | Trial Court’s view upheld as FSL Report establishes case of “sexual assault of minor” beyond any reasonable doubt

Delhi High Court: Vibhu Bakhru, J., while dismissing the present appeal upheld the decision of the trial court for offences charged under Section 4 of POCSO Act and Sections 342/363/376 of Penal Code, 1860.

In the present appeal filed by the appellant was convicted by the trial court for the under the above-stated Sections. Appellant contended that the impugned judgment ought to be set aside, since it does not extend the benefit of doubt to the appellant in view of inconsistencies in the testimonies of various witnesses.

Further, he contends that MLC of the victim stated that her hymen was normal and the doctor, who was examined for the prosecution had confirmed that the hymen could be ruptured for other reasons as well. Adding to his contentions, he also states that the victim was actually raped by PW-7 and not by the appellant.

Though, the FSL report supported the case of the prosecution that the victim had suffered sexual assault by the accused.

While recording his statement under Section 313 of CrPC, accused also stated that 3-4 days prior to the incident, a quarrel had broken out between him and the mother of the victim due to which, he had been falsely implicated in the case.

Petitioner’s counsel also submitted that since the physical evidence did not corroborate the charges levelled against the appellant, he ought to be acquitted.

Court’s Decision

High Court stated that no contention was advanced on behalf of the appellant was found to be persuasive. Evidence obtained in this case clearly establishes that the appellant is guilty of the offences for which he was charged.

Court stated that, there is overwhelming evidence to establish that the prosecutrix was recovered from the factory premises of the appellant and the same was closed from outside. Mother of the prosecutrix testified to the aforesaid effect. All the other witnesses in the case corroborated the said fact.

Insofar as the MLC was concerned, Dr Anuradha Tyagi was examined, wherein she stated that it was correct that the hymen of the victim appeared to be normal (externally) and as per P/R examination, no tear or bleeding was found. However, she reiterated that the hymen of the prosecutrix was not found to be intact.

Thus, the Court held that testimonies of witnesses were all consistent and there is little room for entertaining any doubt whether the appellant had committed the offences for which he was charged. Forensic evidence fully establishes the case of the prosecution beyond any pale of doubt.

Hence the present appeal is unmerited and dismissed. [Chhedi Paswan v. State, 2020 SCC OnLine Del 464, decided on 17-02-2020]

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