Medical Examination Of Victim Confirms Injury In Anal Region Is On Account Of Sexual Assault: Delhi HC While Upholding POCSO Conviction

A Single Judge Bench of Justice Amit Bansal observed that “From the FSL report, it clearly emerges that the blood of the victim as well as his DNA was found on the green colour cloth (Ex.6). The semen of the appellant as well as his DNA were also found on green colour cloth (Ex.6). The medical examination of the victim (Ex.PW-2/A) confirms that the injury in the anal region is on account of sexual assault on the victim”.

Advocate Sunita Arora appeared for the Appellant, whereas Advocate Shubhi Gupta appeared for the Respondent.

Ads per the brief facts as presented by the prosecution, it was alleged that on Nov 06, 2014, the appellant took the minor victim to an isolated street and sexually assaulted the child. Subsequently, the police registered an FIR against the appellant. After examining witnesses, assessing the evidence, and hearing arguments, the sessions court convicted the appellant.

After considering the submission, the Bench found that the victim's testimony provided a clear and consistent account of the sexual crime committed against him by the appellant, and notably there were no contradictions found between the victim's statements given under sections 161 CrPC and 164 CrPC and his testimony in court.

Furthermore, the Bench noted that the victim's testimony received corroboration from his brother, who confirmed that the victim had narrated the incident to him, and subsequently, the brother took the victim to the police station, where they were then sent for a medical examination at AIIMS.

The presence of a green cloth stained with blood, which the police seized based on the victim's information, was also identified, and confirmed by the brother, added the Bench.

The Bench also noted that both the Head-Constable and the Investigating Officer (IO) testified that on Nov 06, 2014, the victim, accompanied by his brother, visited the Police Station. Subsequently, the victim was taken to AIIMS for a medical examination. Following the medical examination, the victim was taken to the location of the incident, where he pointed out a cloth with blood stains, and this item was subsequently seized by the police.

The Bench also considered the fact that the child victim's date of birth could not be ascertained due to the unavailability of school records, and to address this, an ossification test was conducted, and the resulting report indicated that the child's age fell within the range of 11 to 14 years.

The Bench took note of the findings from the FSL report, as per which the blood of the victim, along with his DNA, was discovered on the green cloth, and simultaneously, the semen of the appellant, along with his DNA, was also detected on the same green cloth.

Furthermore, the medical examination of the victim confirmed that the injuries in the anal region were consistent with those resulting from a sexual assault on the victim, added the Bench.

Referring to the Supreme Court ruling in the case of Phool Singh vs. State of Madhya Pradesh [(2022) 2 SCC 74], wherein it was established that a conviction can be based solely on the testimony of the prosecutrix when the deposition is deemed trustworthy and credible, and no additional independent corroboration is necessary, the Bench found that the statement provided by the victim was found to be reliable and trustworthy since the victim's testimony had withstood cross-examination.

“The appellant has not been able to shake the version of the prosecution and the prosecution has successfully proved its case beyond reasonable doubt,” added the Bench.

Consequently, the High Court found no infirmity in the judgment, which had convicted the appellant for offenses under Section 363 of IPC and Section 4 of POCSO Act.

Cause Title: Kalu @ Niyaz v. The State GNCT of Delhi [Neutral Citation: 2023: DHC: 6893]

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